factual

For Azal Coffee, besides the Franchisee, who else is bound by the terms and provisions of the Franchise Agreement?

Azal_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

censes, or otherwise grants to others the right to operate a Competing Business; provided that, the restrictions in this Section will only apply within the Geographic Areas.

  • c) The Franchisee Parties and their shareholders, officers, directors, members, managers, partners, owners, and investors, Family Members, and affiliates, must not, during the term of the Franchise Agreement and for a period of three (3) years after termination, expiration, non-renewal, or any other end of the Franchise Agreement, for any reason whatsoever, directly or indirectly: (a) divert or attempt to divert any business or customer of the Franchise Business or any other Store to any Competing Business by direct or indirect inducements or otherwise; (b) sponsor, appoint, or encourage or influence or promote friends, relatives, or associates to operate a Competing Business; or (c) employ any person or furnish or permit access to the Information to any person who is engaged or has arranged to become engaged in any activity in competition with Azal Coffee Stores, including involvement, either as an owner (except no more than one percent (1%) of the publicly traded securities of an entity), partner, director, officer, member, manager, employee, consultant, lender, representative, or agent, or in any other capacity, of any business that is involved, in whole or in part, in a Competing Business or in any business

  • or entity that franchises, licenses, or otherwise grants to others the right to operate a Competing Business.
  • d) The Franchisee Parties acknowledge and agree that if any of the Franchisee Parties should violate the provisions of this Section 4 with respect to the operation of a Competing Business following expiration, termination, or any other end of the Franchise Agreement, then the period for which the prohibition stated therein shall be extended until three (3) years following the date such Franchisee Parties ceases all activities that are in violation of this Section 4.
    1. Effect of Agreement. The Company's sole obligation under this Agreement is to provide the Confidential Information to the Franchisee Parties at the outset of the parties' business relationship so that the Franchisee Parties may open and operate the Franchise Business. The Company shall have no further obligations under this Agreement once the Company has provided the Information to the Franchisee Parties. Nothing in this Agreement shall be construed to create any additional or continuing obligation of the Company after the Company initially provides the Confidential Information to the Franchisee Parties. The Franchisee Parties' obligations under this Agreement shall continue in effect after termination, expiration, or any other end of the Franchise Agreement, regardless of the reason or reasons, whether such was voluntary or involuntary, and the Company is entitled to communicate the Franchisee Parties' obligations under this Agreement to any third party to the extent deemed necessary by the Company for protection of its rights.
    1. Reasonableness of Restrictions. The Franchisee Parties have carefully considered the nature and extent of the restrictions upon the Franchisee Parties set forth in this Agreement (including without limitation, the covenants not to compete, confidentiality restrictions, and the restrictions on assignment) and the rights and remedies conferred upon all of the parties under this Agreement. Such restrictions, rights, and remedies: (a) are reasonable, including, but not limited to, their term and geographic scope; (b) are designed to preclude competition which would be unfair to the Company and the Franchise System; (c) are fully required to protect the Company's legitimate business interests; and (d) do not confer benefits upon the Company that are disproportionate to the Franchisee Parties' detriment. The covenants not to compete set forth in this Agreement are fair and reasonable, and will not impose any undue hardship on the Franchisee Parties, since the Franchisee Parties have other considerable skills, experience, and education which afford the Franchisee Parties the opportunity to derive income from other endeavors.

Source: Item 22 — CONTRACTS (FDD page 51)

What This Means (2024 FDD)

According to the 2024 Azal Coffee Franchise Disclosure Document, besides the franchisee, other parties are bound by certain terms and provisions of the Franchise Agreement. Specifically, the "Franchisee Parties" which include the franchisee's shareholders, officers, directors, members, managers, partners, owners, and investors, Family Members, and affiliates, are subject to certain restrictions, particularly regarding competition with Azal Coffee.

These Franchisee Parties are restricted from diverting business or customers to competing businesses, sponsoring or encouraging others to operate competing businesses, or employing individuals involved in competing businesses during the term of the Franchise Agreement and for three years after its termination. This non-compete obligation extends to anyone with a defined relationship to the franchisee, including family members and business affiliates, ensuring a broad scope of protection for Azal Coffee.

Additionally, the landlord of the premises where the Azal Coffee franchise is located is also bound by certain provisions outlined in an addendum to the lease agreement. The landlord agrees that the premises can only be used for the operation of an Azal Coffee store and grants Azal Coffee the option to be assigned the lease under specific conditions, such as the termination of the Franchise Agreement or the franchisee's abandonment of the premises. This ensures that Azal Coffee has some control over the location even if the franchisee leaves or defaults.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.