For Itan, what is the effect of the Addendum on the existing Franchise Agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 Addendum serves to modify or supplement the existing Franchise Agreement. The Addendum and the Franchise Agreement together form the entire agreement between the parties, superseding any prior agreements unless explicitly included within these documents. Any subsequent modifications must be in writing and signed by both parties to be considered binding.
Specifically, the terms and conditions outlined in the Franchise Agreement remain in full effect, except where they are specifically modified or supplemented by the Addendum. In cases of inconsistency between the Franchise Agreement and the Addendum, the Addendum takes precedence. This ensures that the most recent and specific terms agreed upon will govern the relationship between Itan and the franchisee.
For prospective Itan franchisees, this means carefully reviewing both the Franchise Agreement and any Addenda to understand their complete contractual obligations and rights. Franchisees should pay close attention to any sections of the Franchise Agreement that the Addendum modifies, as these changes will directly impact their operations and relationship with Itan. The State Addendum further modifies the agreements to comply with applicable state laws and will override any inconsistent provision of the FDD, Franchise Agreement, or any Supplemental Documents.