Does the Aunt Millies Bakeries FDD include Exhibit C, which is a form of Distribution Agreement?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPT]
Exhibit C Distribution Agreement
PERFECTION BAKERIES, INC. DISTRIBUTION AGREEMENT
HIS DISTRIBUTION AGREEMENT is made effective ___________________________
WITNESSETH:
WHEREAS, AUNT MILLIE'S has heretofore developed and/or acquired the exclusive rights to distribute and sell various fresh baked products throughout a large part of the United States; and
WHEREAS, DISTRIBUTOR has the ability and experience necessary to sell and distribute Products successfully within a specific geographic area; and
WHEREAS, DISTRIBUTOR has purchased from DISTRIBUTOR'S predecessor or AUNT MILLIE'S the Distribution Rights in the Sales Area hereinafter described; and
WHEREAS, the parties desire to enter into a written agreement describing and setting forth the terms and conditions under which they will do business with each other;
NOW THEREFORE, in consideration of the premises, covenants and conditions set forth herein, and for other good and valuable consideration given and received, the parties mutually agree as follows:
ARTICLE 1 DEFINITIONS
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to the 2025 Aunt Millies Bakeries FDD, Exhibit C is a Distribution Agreement. The document outlines the terms and conditions under which the distributor and Aunt Millies Bakeries will conduct business. It references that the distributor has purchased distribution rights in a specific sales area from a predecessor or directly from Aunt Millies Bakeries.
The Distribution Agreement defines key terms such as "Outlets," which include retail stores, restaurants, and institutional accounts that purchase products via direct store delivery, but excludes street vendors and certain other outlets. It also defines "Products" as fresh baked goods sold under trademarks like KOEPPLINGER RECIPE SOFT 'N GOOD and AUNT MILLIE'S PERFECTION PASTRIES, as well as other names Aunt Millies Bakeries may add or delete. The agreement also covers products sold under the trade names SUNBEAM AND HILL-BILLY, as long as Aunt Millies Bakeries retains the franchise rights to those brands.
The agreement also includes various clauses pertaining to the relationship between Aunt Millies Bakeries and the distributor, such as the purchase of receivables, use of trademarks, and conditions for termination. For instance, Aunt Millies Bakeries will purchase the distributor's charge slips and accounts receivable, and the distributor is restricted in their use of Aunt Millies Bakeries' trademarks. The agreement is governed by Indiana law and is binding on the parties' heirs and successors.