Can the Deka Lash franchise agreement be modified verbally?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section In Franchise Agreement | Summary |
|---|---|---|
| Protected Area or any other Protected Area we have granted (subject to applicable state law). | ||
| s. Modification of the agreement | 16 | No modifications unless the parties agree in writing, except to Operations Manual. Revisions to the Manual will not unreasonably affect the franchisee's obligations, including economic requirements, under the Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, modifications to the franchise agreement must be in writing. Section 16 of the agreement specifies that verbal modifications are not permitted. However, changes to the Operations Manual are an exception to this rule.
This stipulation means that any changes to the core legal agreement between Deka Lash and the franchisee must be documented in a written amendment signed by both parties to be considered valid and enforceable. This protects both the franchisee and Deka Lash by ensuring there is a clear record of any agreed-upon changes, preventing misunderstandings or disputes based on verbal claims.
However, Deka Lash can make revisions to its Operations Manual, and these revisions do not require a written agreement. These revisions cannot unreasonably affect the franchisee's obligations, including economic requirements, under the Franchise Agreement. This allows Deka Lash to update operational procedures as needed, while still protecting the franchisee from significant, unexpected financial burdens due to changes in the manual.