If there is a conflict between the Healthsource Chiropractic franchise agreement and the amendment, which terms will prevail?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
iciting or hiring employees who worked for HealthSource during the term of the franchise agreement, or who worked for that particular franchise location if the current franchise owner sold the clinic and left the HealthSource system.
HealthSource and the State of Washington entered into an Assurance of Discontinuance whereby HealthSource agreed to not enforce any "no-poach" provisions contained in any existing franchise agreements, to amend franchise agreements with entities within the State of Washington to remove any "no-poach" provisions, and to not include any "no-poach" provisions in franchise agreements in the future. The Assurance of Discontinuance resolved all issues raised by the State of Washington against HealthSource, and HealthSource has fully performed its duties under the Assurance of Discontinuance.
MARYLAND AMENDMENT TO FRANCHISE AGREEMENT
| THIS | AMENDMENT | TO | FRANCHISE | AGREEMENT | ("Amendment") | dated |
|---|---|---|---|---|---|---|
| , | is intended to be a part of, and by this reference is incorporated into that | |||||
| certain Franchise Agreement (the | "Franchise Agreement") dated, by and | |||||
| between HealthSource Chiropractic, LLC ("Franchisor"), an Ohio limited liability company, | ||||||
| with its principal office in |
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, an addendum, or amendment, is incorporated into the franchise agreement and defined terms within the franchise agreement maintain the same meaning in the amendment. The amendment does not alter any provisions of the franchise agreement unless explicitly stated within the amendment itself.
The Healthsource Chiropractic franchise agreement and the addendum are read together as one document. The addendum is governed by all the terms and conditions of the franchise agreement that are not changed by or inconsistent with the addendum.
This means that if there is a conflict between the original franchise agreement and a subsequent addendum, the terms of the addendum will take precedence to the extent of the inconsistency. However, all other terms of the original franchise agreement remain in full force and effect.