Can the Dog Haus Area Development Agreement be modified orally?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
In connection with any of the foregoing, at Franchisor's request, Area Developer shall deliver to Franchisor a statement in writing certifying (a) that this Agreement is unmodified and in full force and effect (or if there have been modifications that the Agreement as modified is in full force and effect and identifying the modifications); (b) that Area Developer is not in default under any provision of this Agreement, or if in default, describing the nature thereof in detail; and (c) as to such other matters as Franchisor may reasonably request; and Area Developer agrees that any such statements may be relied upon by Franchisor and any prospective purchaser, assignee or lender of Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
Based on the 2025 Dog Haus Franchise Disclosure Document, the Area Development Agreement can only be modified in writing. Specifically, in connection with any request from the franchisor, the Area Developer must provide a written statement certifying whether the agreement is unmodified and in full effect, or if there have been modifications, that the agreement as modified is in full force and effect, identifying those modifications. This written statement is critical, as the franchisor and any potential purchaser, assignee, or lender of the franchisor can rely on it.
This requirement protects both parties by ensuring a clear, documented record of any changes to the original agreement. It prevents misunderstandings or disputes that could arise from verbal agreements or informal communications. For a prospective Dog Haus Area Developer, this means that any discussions or negotiations regarding changes to the agreement must be formalized in writing to be considered valid and enforceable.
It is standard practice in franchising to require written modifications to franchise agreements. This ensures clarity, provides legal protection, and avoids potential disputes. A prospective franchisee should be diligent in documenting all agreements and modifications in writing and should seek legal counsel to review any proposed changes to the Area Development Agreement.