In the context of the My Salon Suite agreement, what is considered an integral part of the agreement?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
The FRANCHISE AGREEMENT between whose address is at ("Franchisee") and Suite Management Franchising, LLC ("Franchisor") (the "Agreement") shall be amended by the addition of the following language, which shall be considered an integral part of the Agreement as of the date signed by us and set forth opposite our signature on this Addendum (the "Effective Date") (the "Addendum"):
WHEREAS, Franchisee operates an existing salon business (the "Existing Business");
WHEREAS, Franchisee desires to establish a franchise relationship with Franchisor;
WHEREAS, Franchisee desires to obtain the right to convert Existing Business to a My Salon Suite business ("Conversion Franchise") and to operate the Conversion Franchise pursuant to theSystemin accordance with the terms and conditions ofthe Agreement as amended herein;
WHEREAS, the parties acknowledge that, unless otherwise defined in this Addendum, all capitalized defined terms used in this Addendum shall have the same meaning as that attributed to such terms in the Agreement; and
NOW, THEREFORE, in consideration of the undertakings and commitments of each party to the other party set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. INCORPORATION OF TERMS OF AGREEMENT
This Addendum shall amend and supplement the Agreement simultaneously executed by the parties herein. The terms, covenants, and conditions of this Addendum are incorporated into the Agreement, and with respect to any conflict between the two agreements, the terms of this Addendum shall be controlling with respect to the subject matter thereof.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, Exhibit D, the Conversion Addendum, includes language that is considered an integral part of the Franchise Agreement. This addendum specifically applies when a franchisee desires to convert an existing salon business into a My Salon Suite franchise.
The Conversion Addendum amends and supplements the original Franchise Agreement. Its terms, conditions, and covenants are incorporated directly into the agreement. In case of any conflicts between the original agreement and the addendum, the terms outlined in the Conversion Addendum will take precedence, but only with respect to the specific subjects covered by the addendum.
This means that if you are an existing salon owner looking to rebrand as a My Salon Suite location, the terms in this addendum regarding items such as location approval or royalty fees will supersede the standard franchise agreement. It is important to carefully review this addendum to understand how it modifies the original agreement and what specific obligations and benefits it provides during the conversion process.