Does the Potbelly Sandwich Works agreement allow for oral amendments?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
This SDAA shall not be modified except by written agreement signed by both parties.
Source: Item 23 — RECEIPTS (FDD pages 79–355)
What This Means (2025 FDD)
According to the 2025 Potbelly Sandwich Works Franchise Disclosure Document, the agreement specifies that it cannot be modified except through a written agreement signed by both parties. This means that any verbal agreements or understandings that contradict or alter the terms of the written agreement will not be considered valid or enforceable.
This provision is typical in franchise agreements to ensure clarity and prevent disputes based on differing recollections of conversations. It protects both Potbelly Sandwich Works and the franchisee by requiring any changes to be documented and formally agreed upon in writing. This reduces the risk of misunderstandings or disagreements over the terms of the franchise relationship.
For a prospective Potbelly Sandwich Works franchisee, this means it is crucial to ensure that all agreements, promises, or understandings are documented in writing and signed by both parties. Any verbal assurances or agreements made during negotiations should be formalized in a written amendment to the franchise agreement to be legally binding. This protects the franchisee's interests and ensures that all terms are clearly defined and enforceable.