Can the Hydrodog agreement be modified by oral agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- (n) regulation of such other aspects of the operation and maintenance of your HydroDog Business that we determine from time-to-time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and the HydroDog Businesses; or
- (o) use of vehicle wraps and similar mobile advertising.
You agree that System Standards prescribed from time-to-time in the Manuals, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth. All references to this Agreement include all System Standards as periodically modified.
- 11.3 Modification of System Standards. We may periodically modify System Standards, which may accommodate regional or local variations as we determine.
Such modifications may obligate you to invest additional capital in your HydroDog Business ("Capital Modifications") and/or incur higher operating costs.
However, such modifications will not alter your fundamental status and rights under this Agreement.
We agree to give you at least ninety (90) days to comply with Capital Modifications we require.
You are obligated to comply with all modifications to System Standards, including Capital Modifications, within the time period we specify.
Your failure to comply with any System Standards or Capital Modifications within the specified time period will result in: (a) a non-compliance fee as stated in Section 6.16 (Non-Compliance Fee); (b) mandatory remedial training at your expense; (c) suspension of your rights under this Agreement until compliance is achieved; and/or (d) termination of this Agreement, as we determine in our sole discretion.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
Based on the 2025 Hydrodog Franchise Disclosure Document, the franchise agreement can be modified through written system standards. Hydrodog may modify these standards periodically, potentially requiring franchisees to invest additional capital or incur higher operating costs. However, these modifications will not alter the franchisee's fundamental rights under the agreement. Hydrodog agrees to give franchisees at least ninety (90) days to comply with any required Capital Modifications. Franchisees are obligated to comply with all modifications to System Standards, including Capital Modifications, within the specified time period. Failure to comply may result in a non-compliance fee, mandatory remedial training at the franchisee's expense, suspension of rights, or termination of the agreement.
System Standards are communicated to the franchisee in writing or other tangible form and constitute provisions of the agreement as if fully set forth. All references to the agreement include all System Standards as periodically modified. These standards are described in the manuals, newsletters, or notices distributed via computer systems or other media selected by Hydrodog. Franchisees are responsible for monitoring any online version of the manuals for changes.
These standards cover various aspects of the Hydrodog business, including the design, layout, and maintenance of the Hydrodog Vehicle, equipment, signs, and overall appearance. They also regulate hours of operation and customer service programs. The Computer System used in the business is also subject to modification, potentially requiring franchisees to incur costs to purchase, lease, or license new or modified software or hardware. Any modifications to the franchise agreement must be in writing, as Hydrodog communicates changes to System Standards through manuals, newsletters, or notices.