According to the Jersey Mikes Franchise Agreement, how can the agreement be modified?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| p. Your death or disability | Section 20 | Your heirs, beneficiaries, devisees or legal representative can apply to Company to continue operation of the Franchised Restaurant or sell or otherwise transfer interest in the Franchised Restaurant following death or incapacity of any person owning 50% or more interest in Franchisee. If they fail t o meet th ese conditions, the Franch ise Agreement will terminate and Company will have the option to buy the Franchised Restaurant. |
| q. Non-competition covenants during the term of the franchise | Section 16.3 | You must not divert or attempt to divert any business or customer to a competitor, or perform any act which may harm the goodwill associated with the marks and the System; or own or otherwise have any interest in any business (including a business you currently operate) specializing in the sa le of submarine-type sandwiches or prepared food products the same as or similar to any product or service provided through the System. |
| r. Non-competition covenants after the franchise is terminated or expires | Section 16.4 | You must not own, maintain, engage in, consult with or have any interest in any business specializing in the sale of submarine-type sandwiches or prepared food products the same as or similar to any other product or service provided through the System for 2 years after the Franchise Agreement is terminated within the Metropolitan Statistical Area, as defined by the United States Census Bureau, in which the Franchised Restaurant is located or within a 10-mile radius of the Franchised Restaurant or within a 10-mile radius of any other business using the System. |
| s. Modification of the agreement | Sections 9, 22 and 25 | The Franchise Agreement can be modified only by written agreement between Company and you. Company can modify or change the Systemthrough changes in the Confidential Operations Manual. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–64)
What This Means (2025 FDD)
According to Jersey Mikes' 2025 Franchise Disclosure Document, the Franchise Agreement can only be modified through a written agreement between Jersey Mikes and the franchisee. This means that any changes to the original agreement must be formally documented and agreed upon by both parties to be legally binding.
This requirement protects both Jersey Mikes and the franchisee by ensuring that all modifications are clear, unambiguous, and mutually accepted. It prevents either party from unilaterally altering the terms of the agreement based on verbal promises or understandings that are not put in writing.
However, Jersey Mikes retains the right to modify or change the System through changes in the Confidential Operations Manual. Franchisees should pay close attention to updates to the operations manual, as these changes are considered part of the franchise system and franchisees are typically required to adhere to them.