Can the Healthsource Chiropractic Acknowledgement be amended orally?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
17. ENFORCEMENT.
17.1 Invalid Provisions; Substitution of Valid Provisions.
- a. To the extent that any of the non-competition, non-solicitation, or other restrictive covenants of this Agreement are deemed unenforceable because of their scope in terms of area, business activity prohibited, length of time, or other terms, you agree that the invalid provision will be deemed modified or limited to the extent or manner necessary to make that particular provision valid and enforceable to the greatest extent possible in light of the intent of the parties expressed in such provision under the laws applied in the forum in that we are seeking to enforce such provision.
- b. If any lawful requirement or court order of any jurisdiction (1) requires a greater advance notice of the termination or non-renewal of this Agreement than is required under this Agreement, or the taking of some other action which is not required by this Agreement, or (2) makes any provision of this Agreement or any specification, program, standard, or operating procedure we prescribed invalid or unenforceable, then the advance notice and/or other action required or revision of the specification, program, standard, or operating procedure will be substituted for the comparable provisions of this Agreement in order to make the modified
provisions enforceable to the greatest extent possible. You agree to be bound by the modification to the greatest extent lawfully permitted.
- c.
If a state regulator requires an amendment to this Agreement, the amendment is attached to this Agreement.
We will not, however, be precluded from contesting the validity, enforceability, or applicability of such regulator's required amendment in any action relating to this Agreement or to its rescission or termination.
- 17.2 Unilateral Waiver of Obligations.
Either you or we may, by written notice, unilaterally waive or reduce any obligation or restriction of the other under this Agreement.
The waiver or reduction may be revoked at any time for any reason on 10 days' written notice.
- 17.3 Written Consents from HealthSource Chiropractic.
Whenever this Agreement requires our advance approval or consent, you agree to make a timely written request for it.
Our approval or consent will not be valid unless it is in writing.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, any amendments or waivers to the Franchise Deposit Acknowledgement must be in writing to be considered valid. Specifically, Healthsource Chiropractic requires that any approval or consent from them regarding the agreement must be provided in written form. This protects both the franchisee and franchisor by ensuring there is a clear, documented record of any changes made to the original agreement.
This requirement for written consent is a common practice in franchising, as it helps to avoid misunderstandings or disputes that could arise from oral agreements. It ensures that all parties are fully aware of their obligations and rights under the agreement. For a prospective Healthsource Chiropractic franchisee, this means that any discussions or negotiations regarding changes to the Acknowledgement should always be followed up with a formal written request and documented written approval from Healthsource Chiropractic.
The franchisee should be aware that relying on oral agreements or assurances without written confirmation could lead to potential issues in the future. Therefore, it is crucial to maintain thorough records of all communications and agreements related to the franchise, including any amendments to the Franchise Deposit Acknowledgement. This practice will help ensure compliance with the terms of the agreement and protect the franchisee's investment in the Healthsource Chiropractic franchise.