If there is a conflict, does the provision regarding questionnaires and acknowledgements supersede other terms in documents related to the Fat Shack franchise in Washington?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
FAT SHACK FRANCHISE AGREEMENT
This is an Addendum ("Addendum") to the Franchise Agreement (the "Agreement") by and between FAT SHACK INC., hereinafter "FSI" and the undersigned franchisee, hereinafter "Franchisee." This Addendum modifies the terms of the Agreement and in the event of a conflict in terms between the Agreement and this Addendum, the terms of this Addendum shall be controlling.
| Section 3.1 of the Agreement | nd Target Area. The Restaurant Location or the Target Area, ent, shall be: | |
|---|---|---|
| ant Location shall be deementhe Agreement. |
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
Based on the 2025 Fat Shack Franchise Disclosure Document, the Addendum to the Franchise Agreement takes precedence over the standard agreement in the event of conflicting terms. Specifically, Exhibit I of the franchise agreement is an addendum that modifies the terms of the agreement. The addendum explicitly states that its terms will be controlling if there is a conflict between the addendum and the agreement.
For a prospective Fat Shack franchisee, this means that any special conditions or modifications outlined in the addendum, such as those specific to the franchisee's location or circumstances, will override the standard terms of the franchise agreement. This could cover various aspects of the franchise, including development rights, operational requirements, or financial obligations.
It is important for the franchisee to carefully review the addendum and understand how it modifies the standard franchise agreement. This ensures clarity on which terms apply in case of any discrepancies. Additionally, the FDD notes that in the event that the terms of the agreement regarding termination or expiration are inconsistent with applicable state or federal law, such law shall govern franchisee's rights regarding termination or expiration of this agreement. Certain of these laws are set forth in the riders to franchise agreement for specific states and provinces attached as Exhibit VI.