Does the Fly To Fit franchise agreement allow for oral modifications to the agreement?

According to Fly To Fit's 2024 Franchise Disclosure Document, the franchise agreement stipulates that modifications or amendments must be in writing to be effective. Specifically, Article 18.4 states that no modification or amendment of the agreement will be effective unless it is in writing and signed by both parties. This requirement ensures that all changes to the franchise agreement are documented and agreed upon by both Fly To Fit and the franchisee, preventing potential misunderstandings or disputes.

This clause does not, however, limit Fly To Fit's rights to modify the Manual or System Standards, which it can do at its discretion. This means that while the core franchise agreement requires written amendments, Fly To Fit retains the flexibility to update operational guidelines and standards as needed.

For a prospective franchisee, this means that any verbal promises or agreements made during negotiations that are not included in the written franchise agreement are not binding. It is crucial to ensure that all agreed-upon terms are documented in writing to avoid future discrepancies. This is a common practice in franchising to maintain clarity and enforceability of the agreement.