Does the Endless Summer Sweets Guaranty allow for modification of the Franchise Agreement?
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)
According to the 2024 Endless Summer Sweets FDD, the Guaranty agreement itself can be modified. The Guaranty is a separate agreement executed by a guarantor in favor of Endless Summer Sweets Franchising, Inc. However, the Guaranty does not allow for modification of the Franchise Agreement itself.
Specifically, Section 18.4 of the Franchise Agreement outlines the procedure for modifications. It states that no modification or amendment of the Franchise Agreement will be effective unless it is in writing and signed by both parties, the franchisee and Endless Summer Sweets. This requirement ensures that any changes to the Franchise Agreement are formally documented and agreed upon by all parties involved.
This provision does not limit Endless Summer Sweets's rights to modify the Manual or System Standards. This means Endless Summer Sweets can make changes to its operational guidelines without requiring a formal amendment to the Franchise Agreement. However, any changes to the core contractual terms require a written and signed agreement.