Does the Hck Hot Chicken franchise agreement supersede prior agreements?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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understandings and representations relating to the subject matter of this Agreement, are merged and are expressly and superseded by this Agreement, except such representations as are made in the franchise disclosure document delivered to Franchisee and any representations made by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 the 2025 Hck Hot Chicken Franchise Disclosure Document, the franchise agreement represents the entire agreement between Hck Hot Chicken and the franchisee. The franchise agreement, along with the Hck Hot Chicken Brand Standards Manual, contains all the agreed-upon terms and conditions related to the franchise.
Specifically, the franchise agreement explicitly states that it supersedes all prior or contemporaneous agreements, understandings, and representations related to the agreement's subject matter. This means that any previous discussions, promises, or documents are replaced by the terms outlined in the current franchise agreement. The only exceptions to this are representations made in the franchise disclosure document delivered to the franchisee and any representations made by the franchisee in acquiring the agreement.
This clause ensures that both Hck Hot Chicken and the franchisee are bound only by what is written in the franchise agreement and the Hck Hot Chicken Brand Standards Manual, providing clarity and legal certainty. Franchisees should carefully review all documents before signing, as verbal promises or understandings may not be enforceable if they are not included in these documents. Furthermore, the agreement can only be amended, modified, or changed through a written instrument signed by all parties, reinforcing the importance of documenting any changes to the original agreement in writing.