Are there any printed materials excluded from the definition of 'Related Materials' in the Anago agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "Related Materials" means any printed material not consisting of Software programs, such as Software user instructions, and which is designated by the Franchisor as available under license to the Subfranchisor for the licensed Software to which such Related Materials relate.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the term "Related Materials" is specifically defined to exclude software programs. The document states that "Related Materials" refers to printed materials that are not software programs. Instead, these materials include items like software user instructions that Anago designates as available under license to the subfranchisor for the licensed software.
This distinction is important for Anago subfranchisees because it clarifies what types of materials they are licensed to use and what is considered part of the software itself. The exclusion of software programs from "Related Materials" likely means that the subfranchisee's rights and obligations regarding the software are governed by separate terms and conditions, as indicated by the statement that the software does not include source code.
Furthermore, upon termination of the Anago agreement, the subfranchisee must return all software and Related Materials to Anago, including all copies in any form. This obligation underscores the importance of understanding the precise scope of "Related Materials" as defined in the agreement, ensuring that the subfranchisee complies with the franchisor's requirements regarding the return of materials.