Can the Hck Hot Chicken franchise agreement be amended orally?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.8 Entire Agreement.
This Agreement and the HCK Hot Chicken Brand Standards Manual contain all of the terms and conditions agreed upon by the parties with reference to the subject matter of this Agreement.
No other agreements concerning the subject matter of this Agreement, oral or otherwise, shall be deemed to exist or to bind any of the parties.
All prior or contemporaneous agreements, understandings and representations relating to the subject matter of this Agreement, are merged and are expressly and superseded by this Agreement, except such representations as are made in the franchise disclosure document delivered to Franchisee and any representations made by Franchisee in acquiring this Agreement.
Nothing in this Agreement or any related agreement is intended to disclaim the representations made by Franchisor in the franchise disclosure document delivered to Franchisee.
No officer or employee or agent of Franchisor has any authority to make any representation or promise not contained in this Agreement or in the franchise disclosure document delivered to Franchisee, and Franchisee agrees that it has executed this Agreement without reliance upon any such representation or promise.
This Agreement cannot be amended, modified, or changed except by written instrument signed by all of the parties.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the franchise agreement cannot be amended, modified, or changed except through a written instrument signed by all parties involved. This requirement for written amendments ensures that all changes to the agreement are documented and agreed upon by both Hck Hot Chicken and the franchisee, preventing potential misunderstandings or disputes that could arise from oral agreements.
This provision is typical in franchise agreements, as it provides a clear and unambiguous record of any modifications made to the original contract. It protects both the franchisor and the franchisee by ensuring that all parties are aware of and consent to the changes. The clause explicitly states that no other agreements concerning the subject matter, whether oral or otherwise, shall be deemed to exist or bind any of the parties, further reinforcing the necessity of written amendments.
Prospective Hck Hot Chicken franchisees should understand that any promises or representations made by officers, employees, or agents of Hck Hot Chicken that are not contained in the franchise agreement or the franchise disclosure document are not binding. This underscores the importance of carefully reviewing all documents and ensuring that all agreed-upon terms are included in the written agreement. This requirement aims to provide clarity and legal certainty in the franchise relationship.