Under what conditions can Anago Franchising International (AFI) assume the Client Accounts from the Subfranchisor?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Upon the termination or expiration of the Subfranchise Agreement, or upon Subfranchisor's default under the Subfranchise Agreement, AFI may, at its option, assume the Client Accounts. Upon exercise of this option, AFI shall be deemed to be substituted in the place and stead of Subfranchisor and shall be deemed to have assumed expressly all of the terms, covenants and obligations of the Client Accounts therefore applicable to Subfranchisor and shall likewise be entitled to enjoy all of the rights and privileges granted to Subfranchisor under the terms and conditions of the Client Accounts.
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- So long as AFI shall not have exercised its option to take an assignment of any or all Client Accounts, AFI shall not be liable for the performance of any services, duties or obligations thereunder, and Subfranchisor shall remain liable for all such services, duties and obligations.
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- Upon the occurrence of the events set forth in paragraph 2 above, AFI shall have the right to assign ALL Client Accounts to an approved Anago subfranchisor, as designated by AFI.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago Franchising International (AFI) has the option to assume the Client Accounts from the Subfranchisor under specific circumstances. AFI can exercise this option upon the termination or expiration of the Subfranchise Agreement. Additionally, AFI can assume the Client Accounts if the Subfranchisor defaults under the Subfranchise Agreement.
Upon assuming the Client Accounts, AFI steps into the shoes of the Subfranchisor. This means AFI takes on all the responsibilities and obligations outlined in the Client Accounts that were previously applicable to the Subfranchisor. Simultaneously, AFI gains all the rights and privileges that the Subfranchisor was entitled to under the terms and conditions of the Client Accounts.
It's important to note that as long as AFI has not exercised its option to take assignment of the Client Accounts, AFI is not responsible for performing any services, duties, or obligations related to those accounts. In this period, the Subfranchisor remains fully liable for all such services, duties, and obligations. After AFI assumes the accounts due to termination, expiration, or default, AFI has the right to assign ALL Client Accounts to an approved Anago subfranchisor designated by AFI.