Under what conditions is the Anago Franchise Agreement considered effective and binding against the Franchisor?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
SECTION 18.13 EFFECTIVENESS; COUNTERPARTS.
This Agreement is not effective or binding and enforceable against Us until it is accepted by Us at Our home office and signed by one of Our authorized representatives. You are advised not to incur any expenses for opening the Anago Unit Franchise until You have received a final signed copy of this Agreement from Our home office. This Agreement may be signed in counterparts, each is deemed an original, but all together are the same instrument. Confirmation of signing by telex, telecopy, or telefax of a facsimile signature page is binding upon any party to the confirmation.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the Anago Subfranchise Rights Agreement is not considered effective, binding, or enforceable against Anago until it is accepted by them at their home office. Furthermore, the agreement must be signed by one of Anago's authorized representatives to be considered valid.
Anago advises prospective franchisees against incurring any expenses related to opening an Anago Unit Franchise until they have received a final signed copy of the agreement directly from Anago's home office. This precaution protects the franchisee from potential financial loss should the agreement not be finalized.
The agreement can be signed in counterparts, meaning each copy is considered an original, and all copies together form the same instrument. Confirmation of signing via telex, telecopy, or telefax of a facsimile signature page is binding upon all parties involved, providing flexibility in the signing process while maintaining legal validity.