Can the Floyds 99 Franchise Agreement be modified?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Non-competition covenants after the franchise is terminated or expires | Section 11.2 | No competing business for 2 years within 25 miles of your FLOYD'S 99 Shops or any other FLOYD'S 99 Shop. | | S. | Modification of the agreement | Section 13.1 | No modification except on execution of a written agreement. | | | Provision | Section in Development Agreement | Summary | |----|---------------------------------------------------|----------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | t. | Integration/merger clause | Section 13.2 | Only the terms of the development | | | | | agreement are binding (subject to | | | | | state law). Any representations or | | | | | promises outside of the disclosure | | | | | document and development | | | | | agreement may not be enforceable. | | | | | Notwithstanding the foregoing, | | | | | nothing in any agreement is intended | | | | | to disclaim the express | | | | | representations made in the Franchise | | | | | Disclosure Document, its exhibits and | | | | | amendments. | | u.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 44–49)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the Franchise Agreement can only be modified through a written agreement. Specifically, Section 13.1 of both the Development Agreement and the Franchise Agreement state that no modifications are valid unless they are formalized in writing and executed by both parties. This requirement ensures that any changes to the original agreement are documented and agreed upon, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides clarity and legal certainty. Franchisees should be aware that any verbal promises or agreements made outside of the written contract are unlikely to be enforceable. It is crucial for prospective Floyds 99 franchisees to ensure that all agreed-upon terms and conditions are included in the written agreement before signing.
Furthermore, Section 13.2, the integration/merger clause, reinforces that only the terms of the Development Agreement are binding, subject to state law. Any representations or promises outside of the disclosure document and development agreement may not be enforceable. However, the agreement clarifies that nothing disclaims the express representations made in the Franchise Disclosure Document, its exhibits, and amendments. This means that while the written agreement is paramount, the information provided in the FDD also holds legal weight.