Under the Kitchen Solvers franchise agreement, can the withdrawal schedule be changed?
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)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, any modifications to the franchise agreement, including potential changes to a withdrawal schedule, require specific written authorization. Specifically, any modification, consent, approval, authorization, or waiver must be in writing and executed by the franchisee or, on behalf of Kitchen Solvers, by the company's President. This requirement ensures that all changes are formally documented and agreed upon by both parties to avoid misunderstandings or disputes.
This stipulation means that a Kitchen Solvers franchisee cannot rely on verbal agreements or informal communications to alter any aspect of the franchise agreement. For instance, if a franchisee seeks to modify payment terms or any other clause, they must obtain written approval from Kitchen Solvers' President. This protects both the franchisee and franchisor by providing a clear record of any agreed-upon changes.
The FDD also states that franchisees cannot create obligations on behalf of Kitchen Solvers or agree to terms inconsistent with the existing agreement. This reinforces the need for formal, written modifications to ensure compliance and consistency across the Kitchen Solvers franchise system. Therefore, any deviation from the original agreement requires a formal written amendment approved by the appropriate authority within Kitchen Solvers.
For a prospective Kitchen Solvers franchisee, this underscores the importance of carefully reviewing all terms of the franchise agreement and seeking legal counsel to understand their rights and obligations. If any changes are desired or required, it is crucial to follow the formal modification process outlined in the agreement to ensure that such changes are legally binding and enforceable.