In the Hydrodog franchise agreement, what happens when there are conflicting provisions between the Rider and the Agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Precedence and Defined Terms. This Rider is an integral part of, and is incorporated into, the Agreement. Nevertheless, this Rider supersedes any inconsistent or conflicting provisions of the Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the Rider takes precedence over the Franchise Agreement in case of conflicting provisions. The Rider is considered an integral part of the Agreement, but it supersedes any inconsistent or conflicting terms that may exist within the original Agreement. This means that if there's a disagreement between what's stated in the main Franchise Agreement and what's stated in the Rider, the terms outlined in the Rider will be the ones that govern the relationship between Hydrodog and the franchisee.
This is a fairly common practice in franchising, where a Rider or Addendum is used to modify or clarify specific terms of the standard franchise agreement. The Rider might address state-specific laws, negotiate specific terms for a particular franchisee, or update the agreement to reflect changes in Hydrodog's policies.
For a prospective Hydrodog franchisee, it's crucial to carefully review both the Franchise Agreement and the Rider to understand the complete set of terms and conditions. Pay close attention to any areas where the Rider modifies the original agreement, as these changes will directly impact the franchisee's rights and obligations. If any discrepancies or ambiguities are found, it's advisable to seek legal counsel to ensure a clear understanding of the agreement before signing.