Can the Deka Lash agreement be modified orally?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
DL FRANCHISING, LLC ("Deka Lash") ("we/us"), through the use of this Franchisee Closing Acknowledgement, desires clarify and confirm your understanding and acceptance of the terms of the agreements, to verify certain information about the sales process, and to confirm that we and our employees have complied with applicable franchise disclosure laws and have not authorized anything that may be untrue, inaccurate or misleading. We further desire to confirm that you fully understand that the purchase of a Deka Lash franchise is a business decision involving the evaluation of many risks. Our policy is to verify and confirm that in making your decision you are not relying upon any oral statement, representation, promise or assurance made during the negotiations for the purchase of a Deka Lash franchise by any of our directors, officers, employees, agents, or representatives (each, a "Representative") that is not specifically reported in our then-current Franchise Disclosure Document, including all of the exhibits attached to it (the "Franchise Disclosure Document"). Please review each of the following questions and statements and INITIAL ONLY IF YOU AGREE WITH SUCH. IF YOU DO NOT AGREE WITH THE FOLLOWING, DO NOT SIGN YOUR FRANCHISE AGREEMENT.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, Deka Lash emphasizes the importance of written agreements and discourages reliance on oral statements. Specifically, before signing the Franchise Agreement, Deka Lash requires franchisees to acknowledge that they are not relying on any oral statements, representations, promises, or assurances made by Deka Lash's representatives that are not explicitly documented in the Franchise Disclosure Document.
This acknowledgement serves to protect Deka Lash from potential misunderstandings or misinterpretations of verbal communications during the franchise sales process. It also ensures that franchisees base their investment decisions on the official, written terms and conditions outlined in the Franchise Disclosure Document and Franchise Agreement.
For a prospective Deka Lash franchisee, this means that any discussions or promises made during negotiations that are not reflected in the written agreements should be viewed with caution. It is crucial to ensure that all important terms and conditions are included in the written documents before signing, as Deka Lash will likely not be bound by any oral agreements or representations. This is a common practice in franchising to provide clarity and legal certainty for both parties.