Is a written modification required for any changes to the Zoomin Groomin agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
. A year will include each fiscal year (including any partial year) ending on December 31.
1.7.Dual Distribution
A. Protected Territory
You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control. However, you will receive a protected territory, meaning a geographical area within which we promise not to establish a Zoomin Groomin company owned or franchised outlet. You may not accept orders from consumers to provide Services outside of your Territory, nor may you use other channels of distribution, such as the Internet, catalog sales, telemarketing, or other direct marketing, to make sales outside your Territory without our prior written approval as provided in Section 1.3 (C) of this Agreement.
B. Limitations on Exclusivity
Your right to exclusivity is limited by our Reserved Rights under Section 1.1. (E) of this Agreement and this Section 1.7.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
Based on the 2025 Zoomin Groomin Franchise Disclosure Document, the FDD does not explicitly state whether a written modification is required for changes to the franchise agreement. However, Section 1.7 (A) discusses the franchisee's territory and states that a franchisee may not use other channels of distribution to make sales outside their territory without prior written approval, suggesting that at least some modifications or exceptions require written documentation. Additionally, Section 1.10 (B) mentions that Zoomin Groomin may update or change their Marks, and the franchisee will update or replace their supplies to reflect the new Marks, at their expense, in the time frame Zoomin Groomin provides at the time of such an update.
While the FDD does not provide a comprehensive answer regarding modifications, it does highlight areas where changes can occur, such as with approved products and services, trademarks, and territories. Zoomin Groomin retains the right to adjust approved products and services based on competitive changes, technological advancements, legal requirements, or continuous improvement, disseminating these changes through their manual. Franchisees are expected to adhere to these changes, which may be optional or required.
Given the lack of explicit information about the process for all types of modifications, it is important for a prospective franchisee to seek clarification from Zoomin Groomin regarding the circumstances under which written modifications to the franchise agreement are required. Understanding the process for making changes, and whether those changes need to be in writing, is essential for ensuring compliance and protecting the franchisee's interests.