Must the designation of any successor to the Initial Service Manager at Christian Brothers Automotive be in writing?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
18.02 No Oral Amendments. This Agreement may not be amended orally, but may be amended only by a written instrument signed by the parties to this Agreement. Franchisee expressly acknowledges that no oral promises or declarations were made to it and that the obligations of the Franchisor are confined exclusively to those set forth in this Agreement. Franchisee understands and assumes the business risks inherent in this enterprise.
19. NOTICES.
attachments or exhibits.
19.01 Notice. Except as expressly set forth to the contrary in this Agreement, all notices, requests or consents provided for or permitted to be given under this Agreement must be in writing and must be delivered to the recipient in person, by courier, certified mail return receipt requested or by similar transmission; and a notice, request or consent given under this Agreement is deemed delivered at the time of delivery by express courier or messenger service, 1 business day after sending by facsimile transmission or electronic mail and 3 business days after placed in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the party to be notified at its most current principal business address of which the notifying party has been advised, or to any other place designated by either party. Whenever any notice is required to be given by law or this Agreement, a written waiver thereof, signed by the Person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document for Christian Brothers Automotive specifies requirements for certain communications and agreements to be in writing. Specifically, amendments to the Franchise Agreement must be in writing, as stated in Section 18.02, requiring a written instrument signed by both parties. Additionally, any approval of costs and expenses related to pre-opening publicity must be approved in writing by Christian Brothers Automotive to be considered an Approved Expense Item in the Split Profits calculation. Notices, requests, or consents provided or permitted under the agreement must be in writing, delivered in person, by courier, certified mail, or similar transmission methods. However, the document does not explicitly state whether the designation of a successor to the Initial Service Manager must be in writing. Therefore, it is not possible to confirm whether this specific action requires written documentation based on the excerpts provided. A prospective franchisee should seek clarification from Christian Brothers Automotive regarding the specific requirements for designating a successor to the Initial Service Manager to ensure compliance with company policies and the Franchise Agreement.