Does the Anago agreement define capitalized terms differently than the Subfranchise Rights Agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) General. This Agreement is being entered into pursuant to Subsection 2.3(b) of that certain Anago Subfranchise Rights Agreement between the Franchisor and the Subfranchisor, dated of even date herewith (the "Subfranchise Agreement").
All capitalized terms used in this Agreement have the same definitions as set forth in the Subfranchise Rights Agreement, unless otherwise expressly defined in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Anago Subfranchise Rights Agreement and the Subfranchise Agreement generally share the same definitions for capitalized terms. Specifically, the Anago agreement is entered into pursuant to a subsection of the Anago Subfranchise Rights Agreement.
The document states that all capitalized terms used within the Anago agreement will have the same definitions as those outlined in the Subfranchise Rights Agreement. However, this is not a strict rule, as there is an exception.
The exception is that if the Anago agreement explicitly defines a capitalized term differently, then that definition within the Anago agreement will take precedence. This means that franchisees should pay close attention to the definitions section of both agreements to understand their rights and obligations fully.