In a dispute about the Endless Summer Sweets manual's contents, which copy controls?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties.
This provision does not limit Franchisor's rights to modify the Manual or System Standards.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
Based on the 2024 Endless Summer Sweets Franchise Disclosure Document, the franchisor has the right to modify the Manual or System Standards. Section 18.4 of the franchise agreement states that no modification or amendment of the agreement will be effective unless it is in writing and signed by both parties. However, this provision does not limit the franchisor's rights to modify the Manual or System Standards.
This means that Endless Summer Sweets can unilaterally make changes to its operations manual and system standards, and franchisees are obligated to comply with these changes. Franchisees do not have to agree to these changes in writing for them to be effective.
For a prospective franchisee, this highlights the importance of staying updated with any changes to the manual or system standards, as the franchisor has the authority to implement them. It would be prudent to clarify with Endless Summer Sweets the typical frequency and nature of changes to the manual and standards during the due diligence process.