Is the Aw franchise agreement binding on Aw's successors and assigns?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.5 Binding Effect. This Agreement is binding on and will inure to the benefit of our successors and assigns and will be binding on and inure to the benefit of your successors and assigns, and if you are an individual, on and to your heirs, executors and administrators.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the franchise agreement is binding on both the franchisee's and Aw's successors and assigns. Specifically, the agreement outlines that it inures to the benefit of Aw's successors and assigns. This means that if Aw is acquired by another company or undergoes a similar change in ownership, the new entity will inherit Aw's rights and obligations under the existing franchise agreements.
For a prospective Aw franchisee, this clause provides a level of assurance that the terms of the franchise agreement will remain in effect even if there are changes in Aw's ownership or corporate structure. It ensures that the franchisee's investment and the established terms of the franchise relationship will be honored by any successor entity. This is a fairly standard clause in franchise agreements, as it protects the interests of both the franchisor and the franchisee in the event of a transfer of ownership.
However, it is important for the franchisee to understand the implications of this clause fully. While it ensures the continuation of the agreement, it also means that the franchisee will be bound to the new entity under the same terms and conditions. Franchisees should carefully evaluate the reputation and business practices of any potential successor to Aw to ensure that they are comfortable with the future direction of the franchise system. Additionally, franchisees should seek legal counsel to fully understand their rights and obligations in the event of an assignment or transfer of the franchise agreement.