How can the Itan agreement be modified?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
8. Miscellaneous.
- (a) Modification. This Addendum and the Franchise Agreement when executed constitute the entire agreement and understanding between the Parties with respect to the subject matter contained herein and therein. Any and all prior agreements and understandings between the Parties and relating to the subject matter contained in this Addendum and the Franchise Agreement, whether written or verbal, other than as contained within the executed Addendum and Franchise Agreement, are void and have no force and effect. In order to be binding between the Parties, any subsequent modifications must be in writing signed by the Parties.
- (b) Effect on Agreement. Except as specifically modified or supplemented by this Addendum, all terms and conditions set forth in the Franchise Agreement shall remain in full force and effect.
- (c) Inconsistency. In the event of any inconsistency between the executed Franchise Agreement and this Addendum, this Addendum shall prevail.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the franchise agreement and any addenda constitute the entire agreement between the parties. It specifies that any prior agreements are void and have no effect.
For any modifications to be binding, they must be in writing and signed by all parties involved. This requirement ensures that all changes are formally documented and agreed upon, preventing misunderstandings or disputes later on. This is a fairly standard clause in franchise agreements, as it provides clarity and legal certainty.
Furthermore, the document clarifies that unless specifically modified or supplemented by an addendum, all original terms and conditions of the franchise agreement remain fully effective. In case of any inconsistencies between the franchise agreement and an addendum, the addendum will take precedence. This ensures that the most recent and specific agreements override any conflicting terms in the original agreement.