On whom is the Alloy lease addendum binding?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum to Lease ("Addendum"), dated, 20, is entered into by and among ("Landlord"), ("Tenant"), and ("Franchisor"). |
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| RECITALS |
| The parties have entered into a Lease Agreement, dated, 20 (the "Lease), pertaining |
| to the premises located at (the "Premises"). |
| The Landlord acknowledges that Tenant intends to operate an ALLOY facility ("Facility") from the |
| Premises pursuant to Tenant's Franchise Agreement with Alloy Personal Training, LLC ("Franchisor") |
| dated (the "Franchise Agreement"), whereby Tenant will utilize the ALLOY name |
| and the ALLOY Marks as Franchisor may designate in the operation of the Facility at the Premises. |
- (b) Landlord further acknowledges that Tenant is not an agent or employee of Franchisor and the Tenant has no authority or power to act for, or to create any liability on behalf of, or to in any way bind Franchisor or any affiliate of Franchisor, and that Landlord has entered into this Addendum to Lease with full understanding that it creates no duties, obligations or liability of or against Franchisor or any affiliate of Franchisor, unless and until the Lease is assigned to, and accepted in writing by, Franchisor.
- (c) All notices to Franchisor required by this Addendum must be in writing and sent by registered or certified mail, postage prepaid, to the following address:
If intended for us, addressed to:
Alloy Personal Training, LLC 2500 Old Alabama Road, Suite 24 Roswell, Georgia 30076
Franchisor may change its address for receiving notices by giving Landlord written notice of the new address. Landlord agrees that it will notify both Tenant and Franchisor of any change in Landlord's mailing address to which notices should be sent.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the lease addendum is entered into by the Landlord, Tenant (the franchisee), and Franchisor (Alloy Personal Training, LLC). The addendum acknowledges that the franchisee intends to operate an Alloy facility at the premises, utilizing the Alloy name and marks, under the terms of their Franchise Agreement. This acknowledgment forms the basis of the addendum.
The lease addendum specifically states that the landlord acknowledges the franchisee is not an agent or employee of Alloy and cannot create any liability on behalf of Alloy unless the lease is assigned to and accepted by Alloy in writing. The landlord understands that the addendum does not create any duties, obligations, or liability for Alloy unless Alloy assumes the lease.
Furthermore, the addendum requires that all notices to Alloy must be in writing and sent via registered or certified mail to Alloy's specified address in Roswell, Georgia. The landlord must also notify both the franchisee and Alloy of any changes to the landlord's mailing address. This ensures Alloy is kept informed of relevant communications regarding the lease.
In summary, the Alloy lease addendum is binding on the Landlord, the Tenant (franchisee), and, under certain conditions such as assignment or assumption of the lease, Alloy Personal Training, LLC. It outlines the relationships and responsibilities of each party concerning the Alloy franchise operation at the specified premises.