Does the Kitchen Solvers franchise agreement allow for modifications to appendices?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
1 of this Agreement or to such other address as may have been designated by notice to the other party. Notices for purposes of this Agreement will be deemed to have been received if mailed or delivered as provided in this Subparagraph.
- D. Authority. Any modification, consent, approval, authorization or waiver granted hereunder required to be effective by signature will be valid only if in writing executed by you or, if on behalf of us, in writing executed by our President. You must neither create nor purport to create any obligation on behalf of us, nor agree to any other term, condition, or covenant that is inconsistent with any provision of this Agreement.
- E. References. If a franchisee consists of two or more individuals, such individuals will be jointly and severally liable, and references to the franchisee in this Agreement include all such individuals. Headings and captions contained herein are for convenience of reference and must not be taken into account in construing or interpreting this Agreement.
- F. Guarantee.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, any modifications to the franchise agreement, including its appendices, must be in writing and executed by specific parties. For the franchisee, this means the modification must be signed by the franchisee. For Kitchen Solvers, the modification must be signed by the President of Kitchen Solvers. This requirement ensures that any changes to the agreement are formally documented and agreed upon by both parties, preventing misunderstandings or disputes later on.
This stipulation is a standard practice in franchising, as it protects both the franchisor and franchisee by ensuring that all modifications are clear, documented, and mutually agreed upon. It prevents unauthorized changes or verbal agreements from being enforced, providing a clear record of the terms and conditions under which the franchise operates. The franchisee should pay close attention to this clause, ensuring that any agreed-upon changes are properly documented and signed by the appropriate representatives of Kitchen Solvers.
Appendix A of the Kitchen Solvers franchise agreement is a personal guarantee. The FDD states that any person or entity that becomes a principal owner of the franchisee after the date of the agreement must execute the form of undertaking and guarantee in the form attached to the Agreement as Appendix A. This ensures that all principal owners are personally liable for the franchisee's obligations, providing additional security for Kitchen Solvers. This requirement is common in franchising, especially when dealing with corporate or partnership franchisees, as it ensures that individuals with significant ownership have a personal stake in the success and compliance of the franchise.