Does the Washington Rider modify all related agreements to the Fat Shack franchise agreement?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
ENT FOR SPECIFIC STATES AND PROVINCES
If any one of the following Riders to the Nondisclosure and Noncompetition Agreement for Specific States and Provinces ("Riders") is checked as an "Applicable Rider" below, then that Rider shall be incorporated into the Nondisclosure and Noncompetition Agreement entered into by Fat Shack, Inc. and the undersigned Associate and Company. To the extent any terms of an Applicable Rider conflict with the terms of the Nondisclosure and Noncompetition Agreement, the terms of the Applicable Rider shall supersede the terms of the Nondisclosure and Noncompetition Agreement.
APPLICABLE RIDER UNITED STATES WASHINGTON CANADA CANADA (ALL PROVINCES) FSI: COMPANY: FAT SHACK INC., a Delaware corporation a By: By: Its: Its: ASSOCIATE: Print Name:
UNITED STATES RIDERS
WASHINGTON RIDER TO THE NONDISCLOSURE AND NONCOMPETITION AGREEMENT
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, the Washington Rider modifies the Nondisclosure and Noncompetition Agreement, not the Franchise Agreement itself. If the Washington Rider is marked as an 'Applicable Rider', it is incorporated into the Nondisclosure and Noncompetition Agreement between Fat Shack Inc. and the relevant parties.
Specifically, the FDD states that if any terms of the Washington Rider conflict with the terms of the Nondisclosure and Noncompetition Agreement, the terms of the Rider will take precedence. This means that franchisees in Washington State are subject to specific modifications to the standard Nondisclosure and Noncompetition Agreement as outlined in the Washington Rider.
This modification only applies to the Nondisclosure and Noncompetition Agreement. The FDD excerpt does not state that the Washington Rider modifies the franchise agreement. Therefore, prospective franchisees in Washington should carefully review the Washington Rider to understand its specific implications for their Nondisclosure and Noncompetition Agreement with Fat Shack.