How does the Apricot Lane franchise agreement define 'Franchise Agreement'?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISOR hereby grants to FRANCHISEE, upon the terms and conditions herein contained, the right, franchise and privilege (the "franchise") to use the Mark "APRICOT LANE" as provided hereinafter (the "Designated Mark") and such other Marks as FRANCHISOR may authorize from time to time in the operation of a Specialty Store at a single approved location as provided in Section 1.B below. If a location for the Specialty Stores has not been selected and approved on signing this Agreement, the Designated Mark will be inserted in this Section 1.A no later than when a location is selected and approved as provided under the "Open License" terms and in Section 1.B below. The grant is limited to the right to operate a Specialty Store under the Designated Mark at the location designated in Section 1.B for retail over-the-counter sales to consumers of approved merchandise and services as hereinafter provided and any sales by the Franchised Business through any other means such as at wholesale, by mail order, through catalogs, electronic commerce, any other distribution channel, or at fairs or trade shows is prohibited without the express prior written consent of FRANCHISOR. If FRANCHISOR approves such sales, FRANCHISEE's sales shall comply with all conditions set forth in such consent.
B. Location
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
Based on the 2025 Apricot Lane Franchise Disclosure Document, the term 'Franchise Agreement' is used throughout the document but not explicitly defined in a dedicated section. However, the document does provide context and details that explain what the agreement entails.
The Apricot Lane franchise agreement grants the franchisee the right and privilege to use the "APRICOT LANE" mark and other authorized marks to operate a specialty store at an approved location. This includes the right to sell approved merchandise and services to consumers over the counter. The agreement specifies that sales through other channels, such as wholesale, mail order, or electronic commerce, are prohibited without the franchisor's express written consent.
The agreement also outlines the territory granted to the franchisee, which is limited to the mall property if the premises are inside an enclosed mall, or to the geographical area described in Exhibit C for other locations. Apricot Lane agrees not to locate a company-owned or franchised store within the franchisee's territory during the term of the agreement, but reserves the right to engage in other businesses or channels of distribution outside of that specific restriction. The franchisee needs written consent from Apricot Lane to relocate the Franchised Business within the Territory or to open one or more additional Specialty Stores in the Territory.
In essence, the Apricot Lane Franchise Agreement is a comprehensive document that details the rights, responsibilities, and restrictions for both the franchisor and the franchisee, covering aspects such as the grant of franchise, use of trademarks, location, territory, fees, and operational standards.