Does the Floyds 99 Franchise Agreement supersede prior agreements?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24.2 Entire Agreement.
This Agreement, including all exhibits and addenda, and the Operations Manual, contain the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter hereof.
No modifications of this Agreement shall be effective except those in writing and signed by both parties.
Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by the Franchisor in the franchise disclosure document that the Franchisor provided to the Franchisee.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, the franchise agreement, including all exhibits and addenda, along with the Operations Manual, constitutes the entire agreement between the parties involved. This comprehensive agreement takes precedence over any previous agreements related to the subject matter. This means that any prior discussions, understandings, or agreements made before the signing of the current franchise agreement are no longer valid or enforceable.
This clause ensures clarity and avoids potential disputes arising from past agreements. It provides a clear understanding that the current franchise agreement is the sole governing document for the relationship between Floyds 99 and the franchisee. It is fairly standard in franchise agreements to have a clause that ensures the current agreement supersedes all prior agreements.
Furthermore, any modifications to the Floyds 99 agreement must be made in writing and signed by both parties to be effective. This requirement ensures that all changes are formally documented and agreed upon, preventing misunderstandings or disputes over alleged verbal agreements or informal modifications. However, the document clarifies that nothing within the agreement disclaims any representations made by Floyds 99 in the franchise disclosure document provided to the franchisee.