Can the Dog Haus franchise agreement be modified or changed, and if so, what is the required procedure?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.5 Entire Agreement.
This Agreement and the Exhibits contain all of the terms and conditions agreed upon by the Parties concerning the subject matter of this Agreement.
No other agreements concerning the subject matter of this Agreement, 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either of the Parties and all prior agreements, understandings and representations are merged into this Agreement and superseded by this Agreement.
No officer or employee or agent of Franchisor has any authority to make any representation or promise not included in this Agreement.
This Agreement cannot be modified or changed except by written instrument signed by both of the Parties.
Notwithstanding the foregoing, nothing in this Agreement is intended to disclaim any representations made in the Dog Haus Franchise Disclosure Document.
Source: Item 22 — CONTRACTS (FDD page 87)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the franchise agreement can only be modified or changed through a written instrument signed by both parties, meaning both the franchisee and Dog Haus must agree to and sign any changes made to the original agreement. This ensures that any modifications are mutually agreed upon and documented, providing clarity and legal protection for both parties.
This requirement for a written and signed agreement is a standard practice in franchising, intended to prevent misunderstandings or disputes arising from verbal agreements or unilateral changes. It also provides a clear record of any amendments to the original contract, which can be crucial in resolving any disagreements that may occur during the franchise term.
However, the FDD also states that nothing in the agreement disclaims any representations made in the Dog Haus Franchise Disclosure Document. This means that any promises or representations made by Dog Haus in the FDD are still binding, even if they are not explicitly included in the franchise agreement itself. This is an important protection for franchisees, as it ensures that they can rely on the information provided in the FDD when making their investment decision.
Additionally, Dog Haus retains the right to modify its manuals from time to time to reflect changes in the Dog Haus System's specifications, standards, and operating procedures. These modifications to the manuals are considered an integral part of the agreement. Franchisees are obligated to comply with these changes, ensuring consistency and adherence to the evolving standards of the Dog Haus brand. Franchisees must implement these changes within the time periods specified by Dog Haus following receipt of notice.