In dealings with All County, do officers act in an individual capacity?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
| All County Property Management Franchise Corp. |
|---|
| By: |
| Name Printed: |
| Title: |
| [FRANCHISEE BUSINESS ENTITY] |
| By: |
| Name Printed: |
| Title: |
| Dated: |
| As Individuals: |
| Name Printed: |
| Dated: |
| Name Printed: |
| Dated: |
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, when signing certain documents, individuals may be asked to sign in their individual capacity. Specifically, the franchise agreement includes signature lines for both the business entity and individuals associated with the franchisee. This indicates that individuals may be held personally responsible for certain aspects of the agreement.
This requirement is highlighted in the Acknowledgments and Representations section, where individuals are prompted to acknowledge the terms of the franchise agreement. This acknowledgment is signed both on behalf of the business entity and individually, reinforcing the personal responsibility of the signatories. This is a common practice in franchising, as it ensures that the individuals behind the business are committed to upholding the terms of the agreement.
Furthermore, the Communications Assignment section also includes a signature line designated "As Individuals." This assignment allows All County to act as the franchisee's Attorney-In-Fact to transfer telephone numbers, facsimile numbers, and e-mail addresses to All County Property Management Franchise Corp under specific conditions, such as default or expiration of the franchise agreement. The individual signature underscores the franchisee's personal consent to this transfer.
However, it is important to note that the Acknowledgment Addendum includes a disclaimer stating that it should not be signed by residents of Maryland or if the business is to be operated in Maryland. Additionally, the document clarifies that representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to act as such under the Maryland Franchise Registration and Disclosure Law. This suggests that the extent to which officers act in an individual capacity may vary based on state-specific regulations.