Under the Apricot Lane franchise agreement, what is the E-Commerce Platform considered to be a part of?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to the terms and conditions of this Subsection L, Franchisee has the right, using the Designated Mark (and other Marks authorized by Franchisor from time to time), to offer and sell through one or more third-party Internet websites or other electronic media authorized by Franchisor from time to time ("E-Commerce Platform") the merchandise to be sold at the Franchised Business in accordance with the terms of this Agreement. The E-Commerce Platform shall be deemed part of the Franchised Business and subject to all of the relevant terms and conditions under this Agreement. Franchisee acknowledges and agrees that e-commerce is rapidly evolving, with constant changes, and that Franchisor has the right from time to time to change the E-Commerce Platform (including substituting providers and using different technology) to maintain the competitiveness of Specialty Stores. Franchisor will give reasonable prior notice to Franchisee of any such changes, which in no event need to be more than 90 days. Franchisee agrees to discontinue use of any E-Commerce Platform that Franchisor no longer authorizes and will only use the then-current authorized E-Commerce Platform, notwithstanding that changes may result in costs and expenses to Franchisee. Franchisee shall execute and perform such agreements ("Provider's Contracts") with the provider of the
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, the E-Commerce Platform is considered part of the Franchised Business. This means that all the terms and conditions of the franchise agreement apply to the E-Commerce Platform.
Apricot Lane franchisees have the right to offer and sell merchandise through third-party Internet websites or other electronic media authorized by Apricot Lane, using the Designated Mark and other authorized Marks. Apricot Lane has the right to change the E-Commerce Platform, including substituting providers and using different technology, to maintain the competitiveness of Specialty Stores. Franchisees will receive reasonable prior notice of these changes, but no more than 90 days.
Franchisees must discontinue using any E-Commerce Platform that Apricot Lane no longer authorizes and use the current authorized platform, even if it results in costs and expenses. Franchisees must also execute agreements with the E-Commerce Platform provider as required by Apricot Lane, including authorizations for independent access to the E-Commerce Platform and Usage Data by Apricot Lane.