Does the Golden Krust Caribbean Restaurant Addendum modify the original Franchise Agreement?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
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- To the extent this Addendum is deemed to be inconsistent with any terms or conditions of the Franchise Agreement, the terms of this Addendum shall govern.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
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- This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Addendum by electronic transmission (including PDF) shall be as effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 22 — CONTRACTS (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Golden Krust Caribbean Restaurant Franchise Disclosure Document, the Addendum does modify the original Franchise Agreement. The document states that except as expressly modified by the Addendum, the Franchise Agreement remains unmodified and in full force and effect. This implies that certain aspects of the original agreement are subject to change through the Addendum.
Specifically, the New York Disclosure Addendum states that to the extent the Addendum is deemed to be inconsistent with any terms or conditions of the Franchise Agreement, the terms of the Addendum shall govern. Similarly, the Maryland Franchise Agreement Addendum indicates that its provisions form an integral part of, and are incorporated into, the Franchise Agreement. This addendum is executed specifically for franchisees in Maryland, or when a restaurant will be located or operated in Maryland.
These clauses suggest that the Addendum serves to update or override specific sections of the original Franchise Agreement, especially in response to state-specific legal requirements or disclosures. Prospective franchisees should carefully review both the Franchise Agreement and any associated Addenda to understand the complete set of terms and conditions governing their franchise.