Does the Jersey Mikes Franchise Agreement remain in effect as signed, or are amendments expected?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement (including the Summary of Acknowledgments) constitutes the entire, full, and complete agreement between Franchisor and Developer concerning the subject matter of this Agreement, and supersedes all prior agreements. No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and signed by themselves or their authorized officers or agents in writing. With the exception of the Disclosure Document described in Section 23.2, no other representation has induced Developer to execute this Agreement, and there are no representations, inducements, promises, or agreements oral or otherwise, between the parties not embodied in this Agreement, which are of any force or effect with reference to this Agreement or otherwise. Nothing in this Agreement or in a ny related agreement, however, is intended to disclaim the r epresentations Company made in the Disclosure Document that Company furnished to Developer.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to the 2025 Jersey Mikes Franchise Disclosure Document, the Franchise Agreement can be amended. The document states that no amendment, change, or variance from the agreement is binding unless mutually agreed upon in writing by both parties or their authorized agents. This means that while the initial agreement serves as the foundation, changes can be made during the franchise term if both Jersey Mikes and the franchisee consent.
This clause provides flexibility for both Jersey Mikes and the franchisee to adapt to changing business conditions or address unforeseen issues. For example, if a new technology emerges that could benefit the franchise, an amendment could be added to incorporate its use. Similarly, if a local ordinance requires a change in operating procedures, an amendment could address that requirement.
However, it's important to note that any amendment must be in writing and signed by both parties to be legally binding. This protects both Jersey Mikes and the franchisee by ensuring that all changes are clearly documented and agreed upon. A prospective franchisee should carefully review the amendment clause and understand the circumstances under which amendments may be necessary or desirable.