Can the Desi District franchise agreement be modified orally?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations.
Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Desi District Franchise Group in its franchise disclosure document.
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties.
This provision does not limit Desi District Franchise Group's rights to modify the Manual or System Standards.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, the franchise agreement cannot be modified or amended orally. Specifically, Article 18.4 states that any modification or amendment to the agreement must be in writing and signed by both parties to be considered effective. This requirement ensures that all changes are documented and agreed upon, preventing potential misunderstandings or disputes.
This provision does not, however, limit Desi District's rights to modify the Manual or System Standards. Desi District has the right to make changes to the Manual or System Standards at any time. These changes can be communicated to the franchisee through any method Desi District deems appropriate.
This "entire agreement" and "no oral modifications" clause is standard in franchise agreements. It protects both the franchisee and Desi District by ensuring that all terms are clearly defined in writing. Prospective franchisees should be aware that any verbal promises or agreements made during negotiations are not binding unless they are incorporated into the written franchise agreement.