What document outlines the obligations and representations of owners in the Azal Coffee franchise agreement, and where can I find it?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
19.3 Review of Materials and Consultation with Advisors.
You acknowledge that you are familiar with and have made an independent investigation of the business to be conducted by the Franchise Business and have reviewed our Franchise Disclosure Document. You acknowledge that you have read and understood this Agreement, the attachments to this Agreement, and the documents relating to this Agreement, if any, and have been given ample time and opportunity (and have been encouraged) to consult with an attorney or other professional advisor about the potential benefits and risks of entering into this Agreement. You acknowledge that you have been afforded an opportunity to ask any questions you have and to review any materials of interest to you concerning the Franchise Business, and that you have exhausted those efforts and have made the decision to enter into this Agreement without any influence by us.
19.4 Independent Status of Contract; Non-Uniformity of Agreements.
[Item 22: CONTRACTS]
We will have the right to engage a vendor to consult with and advise Azal Coffee franchisees on compliance with the PCI Requirements and Information Security Standards and to require you to pay a portion of the cost of the vendor's services as determined under our policies and procedures or to directly engage the vendor for these purposes. Also, we have the right to acquire a cyber insurance policy for the Azal Coffee franchise system and to require you to pay a portion of the cost of the cyber insurance policy as determined under our policies and procedures. We will have the
right to collect your share of the costs of the vendor and/or cyber insurance policy on a periodic basis in the manner provided in Section 4.13 of this Agreement.
8.13 Compliance with Laws and Other Obligations; Taxes.
You must obtain and keep in force every registration, charter, license, and permit required for the Franchise Business. In addition to all other references in this Agreement, you shall comply with all requirements of federal, state and local laws, rules, regulations, and orders related to the operation of your Store, including but not limited to obtaining the appropriate licenses and permits required by your local or state government and are required to operate the Store in compliance with the requirements of all federal, state, and local laws, rules, regulations, or ordinances that govern food preparation and service and Store sanitary conditions, the federal Clean Air Act and various implementing state laws require certain state and local areas to meet national air quality standards limiting emissions of ozone, carbon monoxide and particulate matters, including caps on emissions from commercial food preparation, all federal, state, and local laws, rules, regulations, and ordinances that govern your employment relationship with your employees, and other laws, rules and regulations that apply to business generally, such as the Americans With Disabilities Act, Fair Labor Standards Act, Family and Medical Leave Act, Affordable Care Act, Federal Wage and Hour Laws, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Affordable Care Act., Employee Retirement Income Security Act, and the Occupational Safety and Health Act, also apply to Stores, and comparable laws regulating minimum wage, overtime pay, recordkeeping, youth employment standards, and other aspects of employment), environmental regulation, and taxation.
[Item 22: CONTRACTS]
WHEREAS, the Company is the Franchisor of Azal Coffee Stores and has the authority to disclose and discuss all information relating to the operations of an Azal Coffee Store;
WHEREAS, Confidential Information and Trade Secrets, which are more particularly described below, will be disclosed to the Franchisee Parties in relation to Franchisee's operation of its Azal Coffee Store franchise; and
WHEREAS, the Franchisee Parties understand the necessity of not disclosing any such information to any other party or using such information to compete against the Company, any affiliate(s) or other franchisee(s) of the Company, or in any business (i) that is a Competing Business (as defined below) or (ii) in which Trade Secrets and other Confidential Information (as defined below) could be used to the disadvantage of Franchisee, or the Company, any affiliate(s) of the Company, or the Company's
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, the obligations and representations of owners are detailed within the Franchise Agreement itself. Item 22, titled "Contracts," references various aspects of the Franchise Agreement, including franchisee duties upon termination, assignment of telephone numbers and electronic media, compliance with laws, and confidentiality.
Specifically, Section 19.3 highlights that franchisees acknowledge they have reviewed the Franchise Disclosure Document and have read and understood the Franchise Agreement, its attachments, and related documents. This section emphasizes the franchisee's responsibility to conduct an independent investigation of the business and to seek professional advice regarding the potential benefits and risks of entering into the agreement.
Furthermore, Section 8.13 outlines the franchisee's obligation to comply with all applicable federal, state, and local laws, rules, regulations, and orders related to the operation of their Azal Coffee store. This includes obtaining necessary licenses and permits, adhering to food preparation and service standards, and complying with employment and environmental regulations. The Franchise Agreement also addresses the franchisee's duty to protect confidential information and trade secrets, as outlined in the confidentiality agreement.
The Franchise Agreement is a crucial document that outlines the legal and contractual obligations of both the franchisor and the franchisee. Prospective Azal Coffee franchisees should carefully review the entire Franchise Agreement and seek legal counsel to fully understand their rights and responsibilities before signing.