Can the Kitchen Solvers franchise agreement be rescinded by oral agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, any modifications, consents, approvals, authorizations, or waivers to the franchise agreement must be in writing to be considered valid. Specifically, if a signature is required to effectuate such changes, it must be a written document executed by the franchisee or, on behalf of Kitchen Solvers, by the President of Kitchen Solvers. This requirement ensures that all parties are clear about any changes to the agreement and provides a documented record of the modifications.
This stipulation means that an oral agreement to rescind or modify the Kitchen Solvers franchise agreement would not be legally binding. The written requirement protects both the franchisee and Kitchen Solvers by preventing misunderstandings or disputes over alleged verbal agreements. It also aligns with standard franchising practices, where formal agreements and any amendments are carefully documented to avoid ambiguity.
For a prospective Kitchen Solvers franchisee, this underscores the importance of obtaining any promises or agreements in writing. It is crucial to ensure that any modifications, waivers, or consents are properly documented and signed by the appropriate parties, as verbal assurances will not hold up if disputes arise. This requirement promotes transparency and accountability in the Kitchen Solvers franchise relationship.