Under what conditions is a provision of the Endless Summer Sweets franchise agreement modified?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
s to any third party whatsoever.
- 18.2 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies upon any person or entity other than Franchisee and Franchisor.
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Franchisor in its franchise disclosure 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.
- **18.5 Consent;
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, any modification or amendment to the franchise agreement must be in writing and signed by both the franchisor and the franchisee to be considered effective. This requirement ensures that all changes are formally documented and agreed upon by both parties, preventing misunderstandings or disputes over verbal agreements or informal communications.
However, this provision does not restrict Endless Summer Sweets's right to modify the Manual or System Standards. This means Endless Summer Sweets can unilaterally make changes to the operational guidelines and standards of the franchise system. Franchisees must stay informed of these changes, as they are obligated to adhere to the most current version of the manual and system standards.
Additionally, if any provision of the franchise agreement is deemed unenforceable by an arbitrator or court, the parties intend for that provision to be modified to the minimum extent necessary to make it enforceable, provided that such modification is legally permissible. If the modification is not allowed by law, the provision will be disregarded, but the rest of the agreement will remain in effect as written. This clause aims to preserve the overall integrity and enforceability of the franchise agreement to the greatest extent possible.