Must modifications to the Desi District franchise agreement be in writing?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD 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.
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, any modifications or amendments to the franchise agreement must be in writing and signed by both parties to be considered effective. This requirement ensures that all changes to the original agreement are clearly documented and agreed upon by both Desi District and the franchisee, preventing potential misunderstandings or disputes.
This provision does not limit Desi District's rights to modify the Manual or System Standards, which they can do at their discretion. This means that while the core franchise agreement requires written modifications, Desi District retains the flexibility to update operational guidelines and standards as needed. Franchisees should pay close attention to any updates to the Manual or System Standards, as these changes can impact how they operate their business.
The FDD also states that no consent under the agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this agreement will be effective unless it is in writing and signed by the party granting the consent or waiver. This requirement further emphasizes the importance of written documentation for any changes, consents, or waivers related to the franchise agreement, ensuring clarity and legal enforceability.