Does the Anago franchise agreement require franchisees to have been represented by their own counsel during negotiations and signing of the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the parties agrees that they have been or have had the opportunity to have been represented by their own counsel throughout the negotiations and at the signing of this Agreement and all other documents signed incidental to this Agreement. None of the parties can, while this Agreement is effective or after its termination, assert that any provisions of this Agreement or any of the other documents should be construed against the drafter of this Agreement or any of the other documents.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchise agreement does not mandate that franchisees must have their own legal representation during negotiations and signing. However, the agreement does state that each party acknowledges that they have had the opportunity to be represented by their own counsel throughout the negotiation process and at the signing of the agreement.
This clause is included to prevent either party from later claiming that the agreement should be interpreted against the drafter. By acknowledging the opportunity for legal representation, both Anago and the franchisee waive the right to argue that any ambiguities in the agreement should be construed unfavorably against the party who drafted it. This promotes a more balanced interpretation of the contract terms.
While not mandatory, Anago strongly suggests that prospective franchisees seek independent legal advice to fully understand the terms and conditions of the franchise agreement before signing. This is a common practice in franchising, as it ensures that franchisees are aware of their rights and obligations under the agreement.