For Anago franchises, what articles within the franchise agreement survive the expiration or termination of the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
NT OF GOOD FAITH AND FAIR DEALING SHALL BE USED TO ALTER THE EXPRESS TERMS OF THIS AGREEMENT.
Section 13.9 - Waiver of Class Actions
NO PARTY SHALL INITIATE OR PARTICIPATE IN ANY CLASS ACTION LITIGATION CLAIM AGAINST ANY OTHER PARTY BOUND HEREBY.
Section 13.10 - Survival of Provisions
The provisions of this ARTICLE 13 shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement, however effected.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Article 13 and all obligations that expressly or by their nature survive the expiration or termination of the agreement continue in full force after the expiration or termination of the Agreement until they are satisfied or by their nature expire.
Specifically, Section 13.9, which includes the waiver of class actions, remains in effect even after the agreement ends. This means that franchisees are still prohibited from participating in class action lawsuits against Anago, even after their franchise agreement has expired or been terminated.
Section 18.17 also states that all obligations that expressly or by their nature survive the expiration or termination of the agreement continue in full force after the expiration or termination of this Agreement until they are satisfied or by their nature expire. This clause ensures that certain responsibilities and duties outlined in the agreement continue to bind both parties even after the franchise relationship concludes, until those obligations are completely fulfilled or naturally cease to exist.