Under the Fly To Fit franchise agreement, what is required for any modification or amendment to be effective?

According to Fly To Fit's 2024 Franchise Disclosure Document, any modification or amendment to the franchise agreement must be in writing and signed by both parties, the franchisee and the franchisor, to be considered effective. This requirement is detailed in Section 18.4 of the Franchise Agreement (FA) and Section 7 of the Multi-Unit Development Agreement (MUDA). However, this condition does not restrict Fly To Fit's ability to modify the Manual or system specifications.

This stipulation is standard in franchising to ensure that both parties are fully aware of and agree to any changes in their contractual obligations. Requiring written and signed modifications prevents misunderstandings or disputes arising from verbal agreements or informal communications. It also provides a clear record of any agreed-upon changes to the original agreement.

However, prospective Fly To Fit franchisees should note that while the franchise agreement itself requires written and signed modifications, Fly To Fit retains the right to unilaterally modify the Manual or system specifications. These modifications could impact how the franchise operates, so it's important to understand the scope and potential impact of these changes. Franchisees should clarify with Fly To Fit the process and frequency of updates to the Manual and system specifications during their due diligence.

It is also important to note that the terms of the agreement are binding, subject to state law. Any representations or promises outside of the disclosure document and franchise agreement (or MUDA) may not be enforceable. However, no claim made in any franchise agreement (or MUDA) is intended to disclaim the express representations made in this Disclosure Document.