Is the Aunt Millies Bakeries agreement binding upon the heirs of the parties involved?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
- §12.2 SURVIVAL, BINDING AGREEMENT, AUNT MILLIE'S AFFILIATES: The obligations of DISTRIBUTOR shall survive the termination of this Agreement. This Agreement shall be binding upon heirs, personal representatives, successors or assigns of the parties hereto. The parties recognize and agree that any obligations of AUNT MILLIE'S hereunder may from time to time be undertaken by Affiliates of AUNT MILLIE'S, but AUNT MILLIE'S shall remain responsible therefore. This Agreement is assignable by AUNT MILLIE'S.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, the Distribution Agreement is binding upon the heirs, personal representatives, successors, or assigns of both parties involved. This means that if the distributor passes away, the obligations and rights outlined in the agreement will transfer to their heirs or personal representatives. Similarly, the agreement remains binding if Aunt Millies Bakeries undergoes a change in ownership or structure through successors or assigns.
This provision ensures continuity and stability in the distribution relationship, even in the event of unforeseen circumstances affecting either party. For a prospective Aunt Millies Bakeries distributor, this clause offers a degree of assurance that the business can continue to operate and provide value to their family or estate, even after their passing. It also provides clarity on who is responsible for fulfilling the agreement's obligations if the original distributor is no longer able to do so.
However, it is important to carefully review the entire agreement to understand the full scope of these obligations and rights. The agreement also states that Aunt Millies Bakeries may have its obligations undertaken by Affiliates of Aunt Millie's, but Aunt Millie's will remain responsible. This agreement is assignable by Aunt Millie's.