How must modifications to the My Salon Suite agreement be made to be considered valid?
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, modifications to the franchise agreement are formalized through a written addendum. This addendum must be signed by both the franchisee and Suite Management Franchising, LLC (the franchisor). The effective date of the addendum is set forth opposite the signatures on the document.
The addendum is considered an integral part of the original agreement from the effective date. It amends and supplements the initial franchise agreement, with its terms, covenants, and conditions incorporated directly into the original agreement.
In the event of any conflict between the original franchise agreement and the addendum, the terms outlined in the addendum will take precedence, but only with respect to the specific subject matter covered by the addendum. This ensures that any changes are clearly documented and legally binding, providing clarity for both parties regarding their respective rights and obligations.