What actions are Annex Brands franchisees required to take to effectuate the franchise agreement?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
SONAL GUARANTEE
| As an inducement to Annex Brands, Inc., a California corporation ("Franchisor"), to enter into that certain franchise agreement with an effective date of ("Agreement") by and between Franchisor and |
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| ("Franchisee"), I/we, as personal guarantor(s) (each a "Guarantor"), jointly and severally, |
| absolutely and unequivocally, personally guarantee the performance by Franchisee of all |
| obligations of Franchisee to Franchisor under, or arising out of, the Agreement, and all other |
| agreements signed between Franchisor or any of Franchisor's affiliates ("Other Agreements"), and |
| agree to perform those obligations should Franchisee be unable to perform. The obligations |
| assumed under this Continuing Personal Guarantee are not transferable. |
| Should the time or manner of payment of any amounts owed by Franchisee to Franchisor |
| or any of Franchisor's affiliates change or should any obligation of Franchisee to Franchisor or |
| any of Franchisor's affiliates be modified, such action will not affect the liabilities of Guarantor in |
| any manner. |
| Guarantor agrees to become bound by, and participate in, any judicial proceedings or |
| arbitration proceedings brought by Franchisor or any of Franchisor's affiliates to enforce the |
| Agreement or Other Agreements and this Continuing Personal Guarantee. |
| Guarantor will pay reasonable attorneys' fees and all other costs and expenses, which may |
| be incurred by Franchisor or any of Franchisor's affiliates through appeal in the enforcement of |
| this Continuing Personal Guarantee. |
| This is a continuing personal guarantee and it will remain in full force until all obligations |
| of Franchisee to Franchisor under the Agreement or Other Agreements are fully performed. |
| Should any one or more provisions of this Continuing Personal Guarantee be determined |
| to be illegal or unenforceable, all other provisions will nevertheless remain effective. |
| This Continuing Personal Guarantee will inure to the benefit of Franchisor, its affiliates, |
| its successors and assigns, and is intended to bind Guarantor and his/her/their heirs, executors, |
| administrators, successors and assigns. |
| Guarantor, having received a true copy of this Continuing Personal Guarantee, hereby |
| agrees to be bound by its terms. |
| Dated: |
| at |
| (City/State) |
| (Guarantor): |
| (Guarantor): |
| (Guarantor): |
(Guarantor):
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Attachment 3
DESIGNATION OF BRAND, CENTER TYPE, APPROVED LOCATION AND PROTECTED AREA
| Subsection 2.A – Brand: |
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| PostalAnnex® or PostalAnnex+® |
| Pak Mail® |
| AIM Mail® |
| Handle With Care Packaging Store® |
| Parcel Plus® |
| Sunshine Pack & Ship® |
| Subsection 2.A – Center Type: |
| standard Center |
| flex Center |
| express Center |
| Subsection 2.A – Approved Location: |
| Subsection 2.B – Protected Area: |
| For a standard Center the Protected Area will be the area within a one-half-mile |
| radius of the approved location of the Center. |
| For a flex Center, the Protected Area will be the area within a one-half-mile radius |
| of the approved location of the Center. |
| For an express Center, the Protected Area will be the facility in which the Center |
| is located. |
| The Protected Area description may be amended only by mutual written agreement of |
| Franchisee, Franchisor and any regional licensee for Franchisee's area. |
{SIGNATURE PAGE IMMEDIATELY FOLLOWING}
Name/Title: Name/Title: ANNEX BRANDS, INC. Name/Title:
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Attachment 4
TRANSFER OF SERVICE CONSENT AND AUTHORIZATION
On the expiration, termination, non-renewal or transfer of the Franchise for any reason whatsoever, Franchisee hereby irrevocably appoints and designates Franchisor (or any regional licensee) as Franchisee's attorney-in-fact to direct any (1) telephone service provider to change, transfer, and/or terminate any and all listed telephone and fax numbers relating to the Center, and/or (2) Internet service provider or comparable authorities to change, transfer, and/or terminate any email addresses, domain names, email marketing programs, social media platforms, online directory listings, other networking platform listings, or other comparable electronic identities that may use or include the Marks or relate to the Center. Franchisee further specifically authorizes Franchisor (or any regional licensee) to execute any legal document on Franchisee's behalf to carry out the intent of this authorization. Franchisee agrees to provide to Franchisor (or any regional licensee) any other assistance, documentation, or information required to effectuate the transfer of the above noted items.
Franchise Owner: Date Name/Title: Date Name/Title: {FOR USE BY NEW CUSTOMER ONLY} I hereby assume and agree to pay all charges outstanding on the following telephone and fax number(s): or the following domain name(s): or the following email address(es) & email marketing programs: or the following social media or comparable online platform(s) using the Marks: New Customer's Signature Printed Name of New Customer
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Attachment 5
COLLATERAL ASSIGNMENT OF LEASE
{Subject to negotiation with Lessor}
| FOR VALUE RECEIVED, the undersigned ("Assignor") hereby assigns, transfers and sets over unto ANNEX BRANDS, INC., a California corporation ("Assignee"), all of Assignor's right, title and interest as tenant in, to and under that certain lease, a copy of which is attached hereto as Exhibit A (the "Lease"), respecting premises commonly known as (the "Premises"). This Assignment is for collateral purposes only and, except as specified herein, Assignee will have no liability or obligation of any kind whatsoever arising from or in connection with this Assignment or the Lease unless Assignee will take possession of the Premises demised by the Lease pursuant to the terms hereof and will assume the obligations of Assignor thereunder. |
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| Assignor represents and warrants to Assignee that it has full power and authority to assign |
| the Lease and its interest therein and that Assignor has not previously assigned or transferred, and |
| is not otherwise obligated to assign or transfer, any of its interest in the Lease or the Premises |
| demised thereby. |
| On a default by Assignor under the Lease or under that certain Franchise Agreement with |
| an effective date of("Franchise Agreement") between Assignor and |
| Assignee for that certain Center located at the Premises, in the event of a default by Assignor under |
| any document or instrument securing the Franchise Agreement, or on expiration, termination or |
| non-renewal of the Franchise granted in the Franchise Agreement, Assignee will have the right |
| and is hereby empowered to take possession of the Premises demised by the Lease, expel Assignor |
| therefrom, and, in such event, Assignor will have no further right, title or interest in the Lease and |
| will remain liable to Assignee for all past due rents Assignee will be required to pay to Lessor to |
| effectuate the assignment contemplated hereunder. All provisions of the Franchise Agreement |
| remain enforceable, including but not limited to Subsection 16.F, irrespective of whether this |
| Collateral Assignment of Lease is fully executed, implemented or otherwise enforced. |
| Assignor agrees that it will not suffer or permit any surrender, termination, amendment or |
| modification of the Lease without Assignee's prior written consent. Throughout the term of the |
| Franchise, Assignor agrees that it will elect and exercise all options to extend the term of or renew |
| the Lease not less than 30 days before the last day that said option must be exercised, unless |
| Assignee otherwise agrees in writing. On Assignee's failure otherwise to agree in writing, and on |
| failure of Assignee to elect to extend or renew the Lease as aforesaid, Assignor hereby appoints |
| Assignee as its true and lawful attorney-in-fact to exercise such extension or renewal options in |
| the name, place and stead of Assignor for the sole purpose of effecting such extension or renewal. |
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to the 2025 FDD, Annex Brands franchisees must fulfill several obligations to finalize the franchise agreement. One key aspect involves a personal guarantee. Specifically, individuals acting as personal guarantors must guarantee the franchisee's performance of all obligations to Annex Brands under the franchise agreement and any other agreements signed with Annex Brands or its affiliates. This guarantee is not transferable and remains in effect until all obligations are fully performed. The guarantor also agrees to be bound by any legal or arbitration proceedings initiated by Annex Brands to enforce the agreement.
Furthermore, the franchisee may be required to assign their rights, title, and interest in their lease to Annex Brands as collateral. This assignment allows Annex Brands to take possession of the premises if the franchisee defaults under the lease, the franchise agreement, or any related document. In such cases, the franchisee loses all rights to the lease and remains liable for any past due rents that Annex Brands is required to pay. The franchisee must also obtain Annex Brands's written consent before surrendering, terminating, amending, or modifying the lease.
In addition, the franchisee is obligated to elect and exercise all options to extend or renew the lease at least 30 days before the option's deadline, unless Annex Brands agrees otherwise in writing. If the franchisee fails to do so, they appoint Annex Brands as their attorney-in-fact to exercise such extension or renewal options on their behalf. These measures ensure that Annex Brands has the necessary control and security over the leased premises to protect its interests and maintain the continuity of the franchise operation.