How must an amendment to the Fly Fitness agreement be made to be binding?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Developer, except the representations made to Developer in Franchisor's Franchise Disclosure Document.
No agreement of any kind relating to the matters covered by this Agreement and no amendment of the provisions hereof shall be binding upon either party unless and until the same has been made in writing and executed by all interested parties.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, any amendments to the franchise agreement must be in writing and executed by all interested parties to be considered binding. This requirement ensures that all changes to the agreement are formally documented and agreed upon by both Fly Fitness and the franchisee, preventing misunderstandings or disputes based on verbal agreements or informal communications.
This clause is a standard provision in franchise agreements, designed to provide clarity and legal certainty. It protects both the franchisee and Fly Fitness by requiring a formal process for any modifications to the original contract. This helps to maintain the integrity of the franchise system and ensures that all parties are aware of their rights and obligations.
Prospective Fly Fitness franchisees should pay close attention to this provision, as it means that any promises or assurances made by Fly Fitness representatives that are not included in a written amendment to the agreement are not legally binding. It is crucial to ensure that all agreed-upon terms and conditions are documented in writing and properly executed to avoid potential issues in the future.