Under what conditions can the Hyper Kidz Franchise Agreement be modified?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section or Article in Franchise Agreement | Summary |
|---|---|---|
| (s) Modification of the agreement | Section 22.8 | The Franchise Agreement may not be modified unless mutually agreed to in writing. You must comply with Manual as amended |
| Provision | Section in Multi- | Summary | |
|---|---|---|---|
| (s) Modification of the agreement | Section 18 | The Multi-Unit Development Agreement may not be modified unless mutually agreed to in writing. You must comply with Manual as amended |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 41–49)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the Franchise Agreement can only be modified if both Hyper Kidz and the franchisee mutually agree to the changes in writing. This requirement for written mutual consent ensures that any modifications are formally documented and agreed upon by all parties involved, preventing unilateral changes to the agreement.
This condition is typical in franchising, as it protects both the franchisor and franchisee from unexpected or unfavorable alterations to the original terms. However, the franchisee must also comply with the Hyper Kidz manual as amended. This means that while the core agreement requires mutual written consent to modify, Hyper Kidz can unilaterally make changes to the operations manual, and the franchisee is obligated to adhere to those changes.
For a multi-unit development agreement, the same condition applies. The Multi-Unit Development Agreement may not be modified unless mutually agreed to in writing. The franchisee must comply with the Hyper Kidz manual as amended.