Are oral modifications to the Circle K agreement permitted?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.5 No Oral Modification.
No modification of this Agreement, or any waiver of any rights, will be effective unless consented to in writing by the party to be charged.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, oral modifications to the franchise agreement are not permitted. The franchise agreement explicitly states that any modification or waiver of rights must be in writing and consented to by the party being charged. This requirement ensures that all changes to the agreement are documented and agreed upon by both Circle K and the franchisee, preventing potential misunderstandings or disputes.
This provision is standard in franchise agreements to provide clarity and legal certainty. Franchisees should be aware that any verbal agreements or promises made by Circle K representatives that are not documented in writing will likely be unenforceable. This protects both the franchisee and Circle K by ensuring that all parties adhere to the written terms of the agreement.
Therefore, if a Circle K franchisee wants to change any aspect of their franchise agreement, they must obtain written consent from Circle K. This written consent serves as proof that both parties have agreed to the modification, making it legally binding. Franchisees should always ensure they receive written confirmation for any changes to avoid future disputes.