How can a provision of the Fitstop Franchise Agreement be changed or waived?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
agreement, however, is intended to disclaim the representations made in the Franchise Disclosure Document furnished to Franchisee. Only the terms of this Agreement (including the Manual(s)) are binding (subject to state law). Any other promises may not be enforceable.
- 20.3 No interpretation, change, termination, or waiver of any of the provisions hereof shall be binding upon us unless in writing signed by an officer or franchising director of us, and which is specifically identified as an amendment hereto.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, any changes, termination, interpretation, or waiver of any provision within the Franchise Agreement must be documented in writing. This written agreement must be signed by either an officer or the franchising director of Fitstop and specifically identified as an amendment to the original agreement.
This requirement ensures that any modifications to the Franchise Agreement are formally documented and agreed upon by both parties, preventing misunderstandings or disputes based on verbal agreements or informal communications. It protects both Fitstop and the franchisee by providing a clear record of any changes to the original terms.
This type of clause is standard in franchise agreements to maintain clarity and enforceability. Franchisees should ensure that any negotiated changes or waivers are properly documented as per this section to avoid future disputes with Fitstop. It is important to note that only the terms of the agreement, including the manuals, are binding, subject to state law.