Is there any circumstance under which a verbal agreement can modify the Circle K franchise agreement?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
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- "Agreement" means this Franchise Agreement, and all amendments, addenda, modifications, Exhibits or extensions thereto that may be mutually agreed upon by Franchisor and Franchisee.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to the 2025 Circle K Franchise Disclosure Document, the franchise agreement and its components can only be altered through written amendments, addenda, modifications, or extensions that are mutually agreed upon by both Circle K and the franchisee. This requirement for written modifications is a standard practice in franchising to ensure clarity, prevent misunderstandings, and provide a clear record of any changes to the original agreement.
This stipulation means that any verbal agreements or promises made by Circle K representatives that are not documented in writing and formally incorporated into the franchise agreement are not legally binding. Franchisees should be aware that they cannot rely on verbal assurances or understandings that contradict or supplement the written terms of the agreement.
For a prospective Circle K franchisee, this underscores the importance of carefully reviewing the entire franchise agreement and ensuring that all agreed-upon terms and conditions are clearly stated in writing. It also highlights the need to seek legal counsel to review the agreement and any proposed modifications before signing, to fully understand their rights and obligations. This protects both the franchisee and Circle K by providing a clear, unambiguous record of the franchise relationship.