Can the Dog Haus agreement be modified orally, or is a written instrument required?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement represents the entire understanding between the parties regarding the subject matter of this Agreement and supersedes all other negotiations, agreements, representations and covenants, oral or written.
This Agreement may not be modified except by a written instrument signed by Franchisor and Recipient that expressly modifies this Agreement.
The parties intend this Agreement to be the entire integration of all of their agreements on this subject of any nature regarding the subject matter of this Agreement.
No other agreements, representations, promises, commitments or the like, of any nature, exist between the parties.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the franchise agreement cannot be modified through oral agreements. The document explicitly states that any modifications must be formalized through a written instrument. This written instrument must be signed by both Dog Haus (the Franchisor) and the franchisee (referred to as Recipient or Candidate, depending on the section of the document) to be considered valid. This requirement is in place to ensure clarity and prevent disputes over alleged verbal agreements.
This clause underscores the importance of documenting all agreements and understandings in writing. Prospective Dog Haus franchisees should be aware that any promises or representations made by Dog Haus personnel that are not included in the written agreement are not binding. This protects both parties by providing a clear record of the agreed-upon terms and conditions. It also aligns with standard franchising practices, where written contracts are the norm due to the complexity and long-term nature of the franchise relationship.
The FDD also emphasizes that the written agreement represents the entire understanding between Dog Haus and the franchisee, superseding any prior oral or written negotiations. This is known as an 'integration clause,' which aims to prevent reliance on any agreements outside the four corners of the written contract. Therefore, a potential franchisee should ensure that all essential terms and conditions are included in the final written agreement before signing.
In practical terms, if a Dog Haus franchisee wants to change any aspect of their franchise agreement, such as territory, fees, or operational requirements, they must obtain a written amendment signed by an authorized representative of Dog Haus. Failure to do so means the original terms of the agreement remain in effect, regardless of any verbal understandings. This requirement for written modification provides a level of certainty and legal protection for both Dog Haus and its franchisees.