If the Fitstop Franchise Agreement is modified, does it affect rights or claims that occurred before the modification?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.4 No modification, waiver, termination, rescission, discharge, or cancellation of this Agreement shall affect the right of any party hereto to enforce any claim or right hereunder, whether or not liquidated, which occurred prior to the date of such modification, waiver, termination, rescission, discharge, or cancellation.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, no modification, waiver, termination, rescission, discharge, or cancellation of the Franchise Agreement affects any party's right to enforce claims or rights that occurred before the date of the modification, waiver, termination, rescission, discharge, or cancellation. This means that even if the agreement changes, Fitstop or the franchisee can still pursue claims based on the agreement's original terms for issues that arose before the change.
This provision protects both Fitstop and the franchisee. For example, if a franchisee breached the agreement before a modification, Fitstop retains the right to pursue legal action for that prior breach, even after the agreement is modified. Similarly, if Fitstop violated the agreement before a modification, the franchisee can still pursue a claim against them.
This type of clause is standard in franchise agreements to ensure that past obligations and rights are not erased by subsequent changes to the contract. Prospective Fitstop franchisees should understand that any existing claims or rights they have under the agreement will remain enforceable, regardless of future modifications, waivers, terminations, or cancellations.