How is the word 'person' interpreted in the Annex Brands agreement?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS RETAIL CENTER FRANCHISE AGREEMENT ("Agreement") is made and entered into at San Diego, California, as of the effective date set forth above, by and between ANNEX BRANDS, INC., a California corporation located at 7580 Metropolitan Drive, Suite 200, San Diego, California 92108 ("Franchisor"), and the person(s) listed above (individually or collectively, "Franchisee"), to evidence the agreement and understandings of the parties.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands's 2025 Franchise Disclosure Document, the term "person" in the Retail Center Franchise Agreement refers to the franchisee, whether it is an individual or a group of individuals. Specifically, the agreement is made between Annex Brands, Inc. and "the person(s) listed above (individually or collectively, 'Franchisee')." This means that the agreement recognizes that the franchisee can be a single person or multiple people acting together as a business entity.
This definition is important because it clarifies who is bound by the terms of the franchise agreement. Whether the franchise is owned by one person or several, all individuals listed as the "Franchisee" are responsible for upholding the obligations outlined in the agreement. This also has implications for liability, as each person listed as a franchisee may be held jointly and severally liable for any breaches of the agreement.
For a prospective Annex Brands franchisee, this means carefully considering how the franchise ownership is structured. If multiple individuals are involved, it's crucial to understand that each person will be legally responsible for the franchise's performance. This also highlights the importance of having a clear internal agreement among the franchisees to define roles, responsibilities, and decision-making processes to avoid potential conflicts and ensure compliance with the franchise agreement.