In the Anago Subfranchise Agreement assignment, what does the ASSIGNEE agree to be bound by?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
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- ASSIGNEE hereby assumes all of ASSIGNOR's obligations, assignments, commitments, duties, covenants and liabilities under the Subfranchise Agreement, and agrees to be bound by and observe and faithfully perform all of the obligations, assignments, commitments and duties of the Subfranchisor under the Subfranchise Agreement with the same force and effect as if the Subfranchise Agreement were originally written with ASSIGNEE as subfranchisor.
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ASSIGNOR and ASSIGNEE acknowledge and agree that they are bound by the dispute resolution provisions in the Subfranchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, when a subfranchise agreement is assigned, the ASSIGNEE assumes all of the ASSIGNOR's obligations, assignments, commitments, duties, covenants, and liabilities under the Subfranchise Agreement. The ASSIGNEE agrees to be bound by and observe and faithfully perform all of the obligations, assignments, commitments, and duties of the Subfranchisor under the Subfranchise Agreement. This ensures that the ASSIGNEE is held to the same standards and responsibilities as the original subfranchisor.
This means that the new subfranchisee (ASSIGNEE) steps into the shoes of the previous subfranchisee (ASSIGNOR) and must fulfill all the requirements outlined in the original Subfranchise Agreement. This includes, but is not limited to, maintaining certain performance standards, adhering to operational guidelines, and meeting financial obligations. The agreement is designed to ensure a seamless transition and maintain the integrity of the Anago franchise system.
Furthermore, both the ASSIGNOR and ASSIGNEE acknowledge that they are bound by the dispute resolution provisions outlined in the Subfranchise Agreement. This means that any disagreements or legal issues arising from the assignment will be resolved according to the procedures specified in the original agreement, typically involving mediation or arbitration. This clause provides a framework for resolving conflicts and ensures that both parties are aware of the process they must follow in case of a dispute.