Can the Floyds 99 Franchisee modify the Franchise Agreement without a written agreement?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24.1 Modification.
The Franchisor and/or the Franchisee may modify this Agreement only upon execution of a written agreement between the two parties.
The Franchisee acknowledges that the Franchisor may modify its standards, specifications and operating and marketing procedures set forth in the Operations Manual unilaterally under any conditions and to the extent in which the Franchisor, in its sole discretion, deems necessary to protect, promote or improve the Marks and the quality of the Licensed Methods, but under no circumstances will such modifications be made arbitrarily without such determination.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the Franchise Agreement can only be modified through a written agreement executed by both Floyds 99 and the franchisee. This requirement ensures that all changes to the original agreement are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This provision is typical in franchising, as it protects both the franchisor and franchisee by providing a clear record of any agreed-upon changes. However, Floyds 99 retains the right to modify its standards, specifications, and operating and marketing procedures as outlined in the Operations Manual. These modifications can be made unilaterally if Floyds 99 deems it necessary to protect or improve its Marks and Licensed Methods.
Prospective franchisees should understand that while the Franchise Agreement itself requires a written modification, Floyds 99 has the authority to update the Operations Manual, which can impact how the franchise is run. Franchisees should stay informed of any changes to the Operations Manual and understand how those changes might affect their business operations.