Regarding the Churchs Chicken Development Agreement, what is required for any amendment, change, or variance from the agreement to be binding on either party?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly set forth in this Agreement, no amendment, change or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and executed in writing.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, any amendment, change, or variance from the Development Agreement must meet specific requirements to be binding on either the franchisor or the developer. Specifically, such modifications must be mutually agreed upon by both parties.
Furthermore, the agreement explicitly states that these changes must be documented in writing. This requirement ensures that all modifications are clear, unambiguous, and formally acknowledged by both Churchs Chicken and the developer. This written record serves as proof of the agreed-upon terms, reducing the potential for misunderstandings or disputes in the future.
This clause is a standard protection for both parties in a franchise agreement. It prevents either party from unilaterally altering the terms of the agreement and provides a clear process for making legitimate changes. Prospective Churchs Chicken developers should pay close attention to this clause, ensuring that any modifications they negotiate are properly documented and executed in writing to be legally binding.