factual

For Itan, if there is an inconsistency between the executed Franchise Agreement and the Addendum, which document prevails?

Itan Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (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, in the event of any inconsistency between the executed Franchise Agreement and the Addendum, the Addendum will prevail. This is a standard clause in franchise agreements where addenda are used to modify the original agreement.

For a prospective Itan franchisee, this means that any changes, modifications, or clarifications to the original Franchise Agreement outlined in the Addendum take precedence. It is crucial for franchisees to carefully review and understand both the Franchise Agreement and any Addenda, paying close attention to any inconsistencies.

This clause protects both the franchisor and franchisee by ensuring that the most recent and specific agreements are upheld. Franchisees should seek legal counsel to fully understand the implications of this clause and how it may affect their rights and obligations under the franchise agreement. This also applies to the State Addendum, which will override any inconsistent provision of the FDD, Franchise Agreement, or any Supplemental Documents.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.