Does All States M.E.D. Franchising, LLC assume any liability with respect to the leased premises by executing the lease addendum?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
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- No Liability. By executing this Addendum, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, the franchisor does not assume liability regarding the leased premises by executing the lease addendum. Specifically, the lease addendum includes a clause stating that All States M.E.D. does not take on any liability or obligations as the tenant under the lease. This is a standard practice in franchising, where the franchisee is typically responsible for securing and managing their own business location.
However, the lease addendum outlines certain rights and options for All States M.E.D. These include the option, but not the obligation, to cure any default under the lease if the tenant fails to do so, within 10 days after the expiration of the period in which the tenant may cure the default. All States M.E.D. also has the option to enter into a new lease with the landlord if the original lease is terminated due to the tenant's default, subject to the landlord's approval. To exercise this option, All States M.E.D. must notify the landlord within 10 days after receiving notice of the lease termination.
Furthermore, if the Franchise Agreement between All States M.E.D. and the tenant is terminated, All States M.E.D. has the right to assume the existing lease term, provided all defaults are cured and payments are current. In such a case, the landlord will provide All States M.E.D. with possession of the leased premises, free of any rights of the tenant or third party. All States M.E.D. also has the right to assign its interest in the lease or sublet the premises to another franchisee, subject to the landlord's reasonable consent. These provisions protect All States M.E.D.'s interests in maintaining a location for its brand, without directly assuming the franchisee's lease obligations.