Can the Lessee make any claims to ownership of the SRU under the Auntie Annes SRU Agreement?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Ownership of SRU.
Lessee acknowledges that the SRU is owned or leased by Lessor and Lessee agrees not to make any claims to ownership of the SRU.
Lessor, in its sole discretion, may allow Lessee to purchase the SRU at its then-current value, as determined by Lessor in its sole discretion.
If Lessee purchases the SRU, then Lessee will be required to sign Franchisor's then-current form of franchise agreement and pay the then-current initial franchise free.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, the Lessee (franchisee) explicitly acknowledges that the Satellite Retail Unit (SRU) is owned or leased by the Lessor (franchisor). The agreement states that the Lessee is prohibited from making any claims to ownership of the SRU. This is a standard clause in franchise agreements where specific assets are leased to the franchisee for business operations.
However, Auntie Annes, in its sole discretion, may allow the Lessee to purchase the SRU at its then-current value, as determined by Auntie Annes. If the Lessee chooses to purchase the SRU, they will be required to sign Auntie Annes's current form of franchise agreement and pay the then-current initial franchise fee. This implies that purchasing the SRU would likely involve a more comprehensive transfer of rights and responsibilities, necessitating a new franchise agreement.
This clause protects Auntie Annes's ownership of the SRU while providing a potential future option for the franchisee to purchase it. Prospective franchisees should be aware that operating under the SRU Agreement does not grant them any ownership rights unless a separate purchase agreement is made with Auntie Annes. It is important to understand the conditions and costs associated with such a purchase, including the requirement to sign a new franchise agreement and pay the associated fees.