Can the Dog Haus Addendum be modified or changed without a written instrument signed by all parties?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 Entire Agreement. This Addendum and the Exhibits to this Addendum contain all of the terms and conditions agreed upon by the Parties concerning the subject matter of this Addendum. No other agreements concerning the subject matter of this Addendum, written or oral, shall be deemed to exist or to bind either of the Parties and all prior agreements, understandings and representations are merged into this Addendum and superseded by this Addendum. No officer or employee or agent of Franchisor has any authority to make any representation or promise not included in this Addendum and Franchisee agrees that it has executed this Addendum without reliance upon any representation or promise not included in this Addendum. This Addendum cannot be modified or changed except by written instrument signed by all of the Parties. Notwithstanding the foregoing, nothing in this Addendum is intended to disclaim any representations made in the Dog Haus Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to the 2025 Dog Haus Franchise Disclosure Document, the Addendum to the franchise agreement contains specific stipulations regarding modifications. The document states that the Addendum contains all the agreed-upon terms and conditions, superseding any prior agreements.
Specifically, the Dog Haus Addendum explicitly states that it "cannot be modified or changed except by written instrument signed by all of the Parties." This means that any alteration to the Addendum's terms requires a formal written agreement that is signed by every party involved, ensuring that all parties are in agreement with the changes.
However, the FDD also notes an exception: "Notwithstanding the foregoing, nothing in this Addendum is intended to disclaim any representations made in the Dog Haus Franchise Disclosure Document." This clause clarifies that while the Addendum itself requires written modifications, it does not override any representations made within the broader Franchise Disclosure Document. This ensures that franchisees can rely on the representations made in the FDD, even if they are not explicitly reiterated in the Addendum.