Are Anago Unit Franchisees considered third-party beneficiaries of the Advertising Fund?

According to Anago's 2025 Franchise Disclosure Document, with the exception of Anago's Affiliates or Unit Franchisees, the franchise agreement does not confer any rights to other persons, including other Anago Unit Franchisees. This means that Anago Unit Franchisees are not considered third-party beneficiaries with rights to enforce the advertising fund.

Anago or AFI has sole discretion over the advertising fund's concepts, materials, media, type, nature, scope, frequency, place, form, copy, layout, and content of all national, regional, and local advertising paid out of the Fund. The fund is intended to maximize general public recognition and acceptance of the Anago trademarks and System for the benefit of all Franchisees within the System. Neither Anago, nor AFI is obligated to make expenditures for a franchisee which are equivalent or proportionate to their contribution or to ensure that a franchisee benefits directly or pro-rata from the placement of advertising or marketing.

Franchisees should note that Anago does not owe any fiduciary obligation to them for administering the Fund or any other reason. The advertising fund, all contributions to it, and any earnings by the fund, are used exclusively to meet the costs and expenses of maintaining, administering, directing, conducting, and preparing advertising, marketing, public relations or promotional programs and materials, and any other activities which Anago and/or AFI believes will enhance the image of the System.