What is required for any amendment or modification to the Marble Slab Creamery agreement to be valid?
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 the 2025 Marble Slab Creamery FDD, any amendment, change, waiver, or discharge to the franchise agreement must be in writing to be considered valid. Additionally, the amendment must be signed by the party against whom enforcement is being sought.
This requirement ensures that all modifications to the original agreement are clearly documented and agreed upon by both parties, preventing misunderstandings or disputes based on verbal agreements or assumptions. It protects both Marble Slab Creamery and the franchisee by providing a clear record of any changes to their contractual obligations.
This type of clause is standard in franchise agreements to maintain clarity and enforceability. Franchisees should pay close attention to this provision and ensure that any agreed-upon changes are properly documented and signed to avoid future conflicts. It is a crucial aspect of maintaining a transparent and legally sound franchise relationship with Marble Slab Creamery.