This is a document variation agreement for use in a franchising transaction.
A franchise agreement is a contract between the franchisor and the franchisee. Under that contract, the parties are bound for a specified term. The agreement cannot be changed or varied unless all changes are agreed to by both parties in writing. This variation of franchise agreement provides an ability for the franchisor and franchisee to agree in writing to changes to an existing franchise agreement.
Practitioners should note that the disclosure requirements under the Franchising Code of Conduct may apply in this situation. If they do, the following documents may be required:
- an updated franchisor disclosure document;
- an information statement; and
- a copy of the Franchising Code of Conduct.
This document has been authored for Lexis Nexis by Stephen Giles, Norton Rose Fulbright Australia with introductory notes by Jane Garber-Rosenzweig, Gable Lawyers.
This document is prepared with the assistance of Specialist Editor Stephen Newman, Executive Counsel, Ponte Earle.