Can the Itan agreement be modified orally?
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.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, any modifications to the franchise agreement must be in writing and signed by all parties involved to be considered binding. This requirement is explicitly stated in the Conversion Addendum, which supplements the standard Franchise Agreement when a franchisee is converting an existing business to an Itan salon.
This stipulation means that verbal agreements or understandings, even if made in good faith, are not enforceable. It protects both the franchisee and Itan by ensuring that all agreed-upon changes are documented and acknowledged in writing, preventing potential disputes or misunderstandings that could arise from relying on memory or informal communications.
For a prospective Itan franchisee, this underscores the importance of documenting all agreements and modifications in writing. Before signing any modification, a franchisee should carefully review the written terms and seek legal counsel to ensure they fully understand the implications. This practice ensures that the franchisee is protected and that all obligations and rights are clearly defined and legally binding.