Can Endless Summer Sweets amend the Manual by electronic mail?

According to the 2024 Endless Summer Sweets FDD, the franchise agreement between the franchisee and Endless Summer Sweets Franchising, Inc. can only be modified or amended if it is in writing and signed by both parties. However, this requirement does not limit Endless Summer Sweets's right to modify the Manual or System Standards.

This means that while changes to the core franchise agreement require a formal written and signed document, Endless Summer Sweets retains the flexibility to update its operational manual and system standards independently. These modifications to the manual can be implemented without the franchisee's explicit written consent.

For a prospective Endless Summer Sweets franchisee, this distinction is important. While the franchise agreement itself is protected by a mutual written agreement requirement, the Manual, which contains the day-to-day operational guidelines, is subject to change at the discretion of Endless Summer Sweets. Franchisees should therefore stay informed of any updates to the Manual, as these changes will be binding and could impact how they run their Endless Summer Sweets business. It is important to note that the FDD does not specify whether these changes to the Manual can be delivered electronically, so it would be prudent for a potential franchisee to confirm with Endless Summer Sweets how these updates are communicated.