Does the Anago franchise agreement relieve or discharge any third person's obligations or liabilities to any party in the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as provided in this Agreement to the contrary for Our Affiliates or Unit Franchisees, nothing in this Agreement, whether express or implied, is intended to confer any rights under this Agreement on any persons (including other Anago Unit Franchisees) other than the parties and their respective personal representatives, other legal representatives, heirs, successors and permitted assigns. Except as provided in this Agreement to the contrary for any of Our Designees, nothing in this Agreement is intended to relieve or discharge the obligation of any third persons to any party to this Agreement, nor will any provision give any third persons any right of subrogation or action over or against any party to this Agreement. However; Franchisee acknowledges and agrees that AFI is an intended third-party beneficiary of this Agreement, including without limitation, the provisions of this Agreement which relate to dispute resolution and payment of fees by Unit Franchisee to Subfranchisor, and that AFI has the right (but not the obligation) to enforce any provision of this Agreement as though it were a party hereto.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchise agreement generally does not intend to relieve or discharge the obligations of third parties to any party in the agreement. Section 18.20 states that unless explicitly provided otherwise within the agreement for Anago's Affiliates or Unit Franchisees, the agreement is not designed to confer rights to outside parties, including other Anago Unit Franchisees.
Specifically, the agreement aims to ensure that third parties remain responsible for their obligations to the parties involved in the Anago franchise agreement. This means that any existing liabilities or duties that third parties owe to Anago or its franchisees are not nullified or diminished by the franchise agreement.
However, the franchisee acknowledges and agrees that Anago Franchising, Inc. (AFI) is an intended third-party beneficiary of this Agreement, including without limitation, the provisions of this Agreement which relate to dispute resolution and payment of fees by Unit Franchisee to Subfranchisor, and that AFI has the right (but not the obligation) to enforce any provision of this Agreement as though it were a party hereto.