Under what conditions will an amendment, change, or variance to the Craters & Freighters franchise agreement be binding?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.1 Entire Agreement. This Agreement and the documents referred to herein will be construed together and constitute the entire Agreement between the parties hereto and supersede all prior negotiations, understandings, representations, and agreements, if any. However, nothing in this Agreement or any related agreement is intended to disclaim Franchisor's representations made in Franchisor's Franchise Disclosure Document. No amendment, change, or variance from this Agreement will be binding on either party hereto unless executed in writing by both parties hereto.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to Craters & Freighters' 2025 Franchise Disclosure Document, any amendment, change, or variance to the franchise agreement will only be binding if it is executed in writing by both parties, meaning both Craters & Freighters and the franchisee must sign the written agreement. This requirement ensures that both parties are fully aware of and agree to the modifications. This protects both the franchisee and Craters & Freighters from misunderstandings or disputes over alleged verbal agreements or unwritten changes.
This clause is a standard provision in franchise agreements. It provides clarity and legal certainty regarding the terms under which the franchise operates. Franchisees should be aware that verbal promises or assurances from the franchisor that are not documented in writing and signed by both parties may not be enforceable.
Prospective Craters & Freighters franchisees should carefully review any proposed changes to the franchise agreement and seek legal counsel if needed to fully understand the implications before signing any amendments. This ensures that they are entering into the agreement with a clear understanding of their rights and obligations.