Must amendments to the Golden Corral franchise agreement be in writing?
Golden_Corral Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, the documents referred to herein, and the Attachments hereto, if any, constitute the entire, full, and complete Agreement between Franchisor and Franchisee concerning the subject matter hereof, and supersede any and all prior agreements, no other representations having induced Franchisee to execute this Agreement. No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and executed in writing. Nothing in this Section 22 is intended as, nor shall it be interpreted as, a disclaimer by Franchisor of any representation made in its Franchise Disclosure Document, including any exhibits or amendments thereof.
Source: Item 23 — RECEIPTS (FDD pages 85–304)
What This Means (2025 FDD)
According to Golden Corral's 2025 Franchise Disclosure Document, any amendment, change, or variance to the Franchise Agreement must be in writing to be binding on either party. This requirement is highlighted in several state-specific amendments to the agreement, including those for California, Maryland, and Rhode Island, emphasizing its importance and reflecting compliance with various state franchise laws. This clause ensures that all modifications to the original agreement are documented and agreed upon by both Golden Corral and the franchisee, preventing potential disputes arising from verbal agreements or misunderstandings.
This provision is standard practice in franchising, as it provides clarity and legal certainty to the franchise relationship. By requiring written amendments, Golden Corral aims to protect both its interests and those of its franchisees. It ensures that all parties have a clear record of any changes to their contractual obligations, reducing the risk of disagreements or legal challenges based on undocumented modifications. The inclusion of this clause in multiple state amendments suggests a proactive approach by Golden Corral to comply with varying state regulations and maintain a consistent standard of agreement modifications.
For a prospective Golden Corral franchisee, this means that any promises or assurances made by Golden Corral representatives that are not reflected in the written agreement or a written amendment to it may not be legally enforceable. Therefore, it is crucial for franchisees to ensure that all agreed-upon terms and conditions are documented in writing before signing the Franchise Agreement or any subsequent amendments. This requirement underscores the importance of carefully reviewing the Franchise Agreement and seeking legal counsel to fully understand the implications of all its terms and conditions.