Under what conditions can an email modify the Itan franchise agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CHANGED EXCEPT BY A WRITTEN DOCUMENT SIGNED BY BOTH PARTIES.
Any email or informal electronic communication shall not be deemed to modify this Agreement unless it is signed by both parties and specifically states it is intended to modify this Agreement.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the franchise agreement can only be modified by email if very specific conditions are met. An email or informal electronic communication will not be deemed to modify the agreement unless it is signed by both parties and explicitly states that it is intended to modify the agreement.
This requirement protects both the franchisee and Itan by ensuring that any changes to the original agreement are formally documented and agreed upon by all parties involved. It prevents misunderstandings or disputes that could arise from informal communications or unsigned emails. The clause emphasizes the importance of written documentation and mutual consent in any modifications to the franchise agreement.
This is a fairly standard clause in franchise agreements. Franchisees should be aware that verbal agreements or unsigned emails are unlikely to be considered legally binding modifications to their Itan franchise agreement. It is crucial to ensure that any agreed-upon changes are documented in writing and signed by both the franchisee and Itan to avoid potential future disputes.