Regarding the Exit franchise agreement, how can the subfranchisor and franchisee modify or supplement the agreement after its execution?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement which includes the documents referred to in it and the Schedules and Exhibits attached to it, constitutes the entire, full and complete Agreement between Subfranchisor and Franchisee concerning the subject matter contained in it. This Agreement supersedes any and all prior negotiations, understanding, representations and agreements. Nothing in this or any related agreement, however, is intended to disclaim the representations made in the Franchise Disclosure Document furnished to Franchisee. Subsequent to the execution of this Agreement, Subfranchisor and Franchisee may not modify or supplement this Agreement except by a written document executed by both parties.
Source: Item 23 — RECEIPT (FDD pages 42–235)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, the franchise agreement between the subfranchisor and franchisee represents the entire agreement concerning the subject matter within it, superseding any prior negotiations or understandings. However, this does not disclaim any representations made in the Franchise Disclosure Document itself.
After the agreement is signed, Exit's subfranchisor and franchisee can only modify or supplement the agreement through a written document that both parties have executed. This requirement ensures that any changes to the original agreement are formally documented and agreed upon by both parties, providing clarity and legal certainty.
This clause is typical in franchise agreements to prevent disputes based on verbal agreements or understandings that are not documented. Prospective Exit franchisees should understand that any desired changes to the franchise agreement must be put in writing and signed by both the subfranchisor and the franchisee to be valid and enforceable.