Can Apricot Lane enter into Provider's Contracts on behalf of the franchisee?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that Franchisor, for and on behalf of Franchisee, may at its option (but shall not be required to) enter into the Provider's Contracts for Franchisee's E-Commerce Platform and to be the administrator thereof and have complete and unrestricted access thereto. In connection with such Franchisor-arranged E-Commerce Platform: (i) Franchisee shall remit to Franchisor (or, at Franchisor's direction, remit directly to the Provider) all fees, costs, expenses and reimbursements required to be paid to the Provider; and (ii) Franchisee shall comply with all terms and conditions of the Provider's Contracts and all mandatory policies issued by Franchisor or Provider in connection therewith.
Franchisee shall procure and maintain in accordance with Section 10 such insurance policies in connection with the E-Commerce Platform as Franchisor may require from time to time and shall indemnify Franchisor, in accordance with Section 21C, for any liabilities, obligations and expenses incurred by Franchisor in connection with the E-Commerce Platform, including any liability, obligation or expense arising under the Provider Contracts.
Franchisee may use only such suppliers (which may include Franchisor or any of its Affiliates) as Franchisor may designate or approve from time to time for initial and ongoing design, management and maintenance services of the E-Commerce Platform.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, Apricot Lane has the option to enter into Provider's Contracts on behalf of the franchisee for the E-Commerce Platform. However, they are not required to do so. If Apricot Lane chooses to enter into these contracts, they will also act as the administrator and have complete access to the E-Commerce Platform.
If Apricot Lane arranges the E-Commerce Platform, the franchisee is obligated to remit all fees, costs, expenses, and reimbursements required by the Provider, either to Apricot Lane or directly to the Provider, as directed by Apricot Lane. The franchisee must also comply with all terms and conditions of the Provider's Contracts and any mandatory policies issued by Apricot Lane or the Provider related to the E-Commerce Platform.
The franchisee is responsible for maintaining insurance policies related to the E-Commerce Platform as required by Apricot Lane and must indemnify Apricot Lane for any liabilities, obligations, and expenses incurred by Apricot Lane in connection with the E-Commerce Platform, including those arising under the Provider Contracts. The franchisee is limited to using suppliers designated or approved by Apricot Lane for the design, management, and maintenance of the E-Commerce Platform.