Where in the Auntie Annes franchise agreement can I find details regarding my obligations as a franchisee?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
THIS FRANCHISE AGREEMENT (this "Agreement") is made and entered into as of the date specified in Schedule A (the "Effective Date") (Schedule A and all appendices and schedules attached to this Agreement are hereby incorporated by this reference) between the franchisor specified in Schedule A ("Franchisor," "we," "us," or "our") and the franchisee specified in Schedule A ("Franchisee," "you," or "your").
RECITALS:
- A.
We and our affiliates have developed and own, and will continue to develop, a distinctive business format and set of specifications and operating procedures (collectively, the "System") relating to the development, establishment, and operation of food-related businesses offering the approved products specified in Schedule A (the "Approved Products") under the primary trademark or service mark specified in Schedule A (the "Primary Mark").
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, the details of a franchisee's obligations are found within the Auntie Anne's Franchise Agreement itself. Item 22 references the Franchise Agreement and states that it is made between the franchisor and the franchisee.
Specifically, Schedule B outlines personal covenants that individuals with equity interest in the franchisee entity must adhere to. These individuals acknowledge that they have read and understood their obligations under the Franchise Agreement. They also agree to be personally bound by the obligations and covenants outlined in Section 15 of the Franchise Agreement, which pertains to Confidential Information and Restrictive Covenants.
Furthermore, the document emphasizes that the Franchise Agreement constitutes the entire agreement between Auntie Anne's and the franchisee, superseding any prior oral or written statements not included in the agreement. This underscores the importance of carefully reviewing the Franchise Agreement to fully understand the franchisee's obligations and responsibilities.