Can the lease be amended or terminated without Anago Assignee's consent?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The Lease may not be amended, in any way, or terminated by agreement, without Assignee's prior written consent, which shall not be unreasonably withheld.
AND FURTHER, the Landlord unites in this assignment for the purpose of indicating its consent to the aforesaid assignment to Assignee, with the right, notwithstanding anything contained to the contrary in the Lease, to sublet or re-assign its interest in the Lease to a bona-fide subfranchisor of Assignee, and
hereby agrees with Assignor and Assignee that, in the event of any default under the Lease, Landlord will provide to Assignee the same notice and opportunity to cure with respect to such default as is currently provided to Assignor under the Lease (which shall commence upon the expiration of the cure period provided to Assignor); and so long as Assignee has not entered into possession of the Premises, it shall not be liable for any rent or other obligation of the Assignor under the Lease, and Assignor shall be solely liable for all such rents and obligations. The Landlord further acknowledges and agrees that the Lease may not be amended, in any way, or terminated by agreement, without Assignee's prior written consent, which shall not be unreasonably withheld, and that the Landlord will promptly notify Assignee of any expression by Assignor of its desire to terminate the Lease.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the lease agreement cannot be amended or terminated without the prior written consent of the Anago Assignee. This requirement extends to both the Assignor (likely the franchisee in this context) and the Landlord. However, such consent from Anago shall not be unreasonably withheld.
This provision protects Anago's interest in the lease, ensuring that the terms of the lease remain consistent and predictable. This is particularly important in the event that Anago needs to step in and assume the lease obligations or assign it to a subfranchisor. By requiring their consent for any amendments or termination, Anago maintains control over the leased premises and can prevent changes that might negatively impact their business operations or the value of the franchise.
For a prospective Anago franchisee, this means that they will not have the flexibility to unilaterally modify or terminate their lease agreement. Any desired changes would require Anago's approval, which adds a layer of complexity to lease management. However, the stipulation that Anago's consent cannot be unreasonably withheld provides some assurance that legitimate requests will be considered fairly. Franchisees should carefully review the lease agreement and understand the implications of this provision before signing.