Does the limitation on modifications to the Hydrodog agreement limit the franchisee's right to rely on statements made in the Franchise Disclosure Document?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 21.19 Entire Agreement. This Agreement, including the introduction, addenda and exhibits to it, constitutes the entire agreement between you and us. There are no other oral or written understandings or agreements between you and us concerning the subject matter of this Agreement. Except as expressly provided otherwise in this Agreement, this Agreement may be modified only by written agreement signed by both you and us. However, nothing contained in this Section will limit your right to rely on statements made in our Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the franchise agreement contains an integration clause stating that the written agreement constitutes the entire agreement between the franchisee and Hydrodog. This clause generally means that any prior agreements or understandings, whether oral or written, are superseded by the terms of the franchise agreement. The agreement can only be modified by a written agreement signed by both Hydrodog and the franchisee.
However, the Hydrodog franchise agreement explicitly states that the clause regarding modifications does not limit the franchisee's right to rely on statements made in Hydrodog's Franchise Disclosure Document (FDD). This is an important protection for the franchisee, as the FDD contains important information about the franchise system, including fees, obligations, and financial performance representations.
This provision ensures that franchisees can take action based on the information provided in the FDD, even if the franchise agreement itself does not explicitly include those details. Prospective Hydrodog franchisees should carefully review the FDD and understand their rights and obligations as outlined in the document. This clause offers some reassurance that Hydrodog cannot later claim that the franchisee was not entitled to rely on the FDD's contents.