Can the Marble Slab Creamery agreement be modified orally?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- ENTIRE AGREEMENT AND MODIFICATION. This Agreement and all documents and agreements referred to in this Agreement supersede all prior understandings, agreements and discussions between the parties concerning this subject matter, with such prior understandings, agreements and discussions between the parties being merged into this Agreement, and constitute the entire agreement between the parties with regard to this subject matter. The parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. No amendment, change, waiver or discharge hereof shall be valid unless in writing and signed by the party against whom enforcement is sought.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that no oral modifications are valid. The document specifies that any amendment, change, waiver, or discharge of the agreement must be in writing and signed by the party against whom enforcement is sought. This provision ensures that all modifications to the agreement are documented and agreed upon in a clear, unambiguous manner.
This requirement protects both Marble Slab Creamery and the franchisee by preventing disputes arising from alleged verbal agreements or understandings. It provides a clear record of any changes to the original contract terms, reducing the risk of misinterpretations or disagreements. Franchisees should be aware that any promises or representations made by Marble Slab Creamery that are not explicitly written into the agreement or a signed amendment are not legally binding.
In the franchise industry, it is a common practice to require written modifications to franchise agreements. This practice ensures clarity and legal enforceability, which is particularly important in long-term business relationships like franchising. Franchisees should always insist on written documentation for any changes to their Marble Slab Creamery franchise agreement to protect their interests.
Therefore, a prospective Marble Slab Creamery franchisee should understand the importance of obtaining written documentation for any modifications to the franchise agreement. They should not rely on verbal promises or assurances, as these will not be enforceable. This requirement ensures that both parties are clear on their obligations and rights throughout the term of the franchise agreement.