Can the Fat Shack agreement be changed orally?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter hereof. Franchisee agrees and understands that FSI shall not be liable or obligated for any oral representations or commitments made prior to the execution hereof or for claims of negligent or fraudulent misrepresentation and that no modifications of this Agreement shall be effective except those in writing and signed by both parties. FSI does not authorize and will not be bound by any representation of any nature other than those expressed in this Agreement. Franchisee further acknowledges and agrees that no representations have been made to it by FSI regarding projected sales volumes, market potential, revenues, profits of Franchisee's Restaurant, or operational assistance other than as stated in this Agreement or in any Franchise Disclosure Document provided by FSI or its representatives. Any policies that FSI adopts and implements from time to time are subject to change, are not a part of this Agreement, and are not binding on FSI. Nothing in this Agreement or in any related agreement is intended to disclaim any representations made by FSI in the Franchise Disclosure Document provided to Franchisee.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, the franchise agreement contains an integration clause that states the agreement cannot be modified orally. The FDD specifies that the written agreement represents the entire understanding between Fat Shack and the franchisee, superseding any prior discussions or agreements.
Specifically, Fat Shack will not be held liable for any oral promises or commitments made before the agreement was signed. Furthermore, any claims of misrepresentation, whether due to negligence or fraud, based on statements made before the agreement's execution are not binding on Fat Shack.
For a Fat Shack franchisee, this means that any changes or modifications to the franchise agreement must be documented in writing and signed by both the franchisee and Fat Shack to be considered valid and enforceable. Prospective franchisees should ensure that all terms and conditions are clearly outlined in the written agreement before signing, as verbal assurances from Fat Shack are not binding.