Does Section 12.4 regarding unfair competition for Anago franchisees relieve them of any obligations under ARTICLE 13 of the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties agree that the covenants in ARTICLE 13 are independent of any other provision of this Agreement. You agree that the existence of any claim You may have against Us or any of Our Affiliates, regardless of whether under this Agreement, is not a defense to Our enforcement of these covenants.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
Based on the 2025 Anago Franchise Disclosure Document, the covenants outlined in ARTICLE 13 of the franchise agreement are independent of any other provision within the agreement. This means that a franchisee's obligations under ARTICLE 13 are not waived or diminished by any other section, including any stipulations that might be present in Section 12.4 regarding unfair competition.
Anago franchisees must understand that their responsibilities and liabilities as defined in ARTICLE 13 remain fully enforceable, regardless of any claims they might have against Anago or its affiliates. This independence clause ensures that Anago can enforce the covenants in ARTICLE 13 without the franchisee using other disputes as a defense.
This provision is typical in franchise agreements to protect the franchisor's interests and ensure consistent enforcement of key obligations. Prospective Anago franchisees should carefully review ARTICLE 13 to fully understand the scope of their obligations and the potential consequences of non-compliance, as these obligations stand independently of other terms in the agreement.