Who does 'we,' 'us,' and 'our' refer to in the Azal Coffee Franchise Termination and Release Agreement?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 1 - INTRODUCTION
1.1 Franchise Systems.
We and our affiliates, as the result of the expenditure of time, skill, effort, and money, have developed a coffee café that specializes in Yemeni-grown coffee and that sells coffee based beverages, cold drinks, teas, coffee beans, coffee accessories, pastries, baked goods, and other related items, all of which constitute trade secrets and are identified by the public with Azal Coffee products; prescribed exterior and interior design, decor, seating, fixtures, and furnishings; standards and specifications for products and supplies; service standards; uniform standards, specifications, and procedures for operations; training and assistance; and advertising and promotional programs (collectively "Systems"); all of which may be changed, improved, and further developed by us. The Systems we specify for use by the store concept to be licensed to you under to this Agreement are referred to as the "Franchise Systems."
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, the terms 'we,' 'us,' and 'our' in the context of the franchise agreement refer to Azal Coffee itself, including its affiliates. This is evident in sections detailing the franchise system, intellectual property rights, and obligations upon termination or expiration of the agreement.
Specifically, Azal Coffee and its affiliates have developed the coffee café system, trademarks, and trade dress that franchisees are licensed to use. The franchisor retains the right to modify and improve the franchise system. When a franchise agreement terminates, the franchisee must discontinue using Azal Coffee's intellectual property and return confidential information to 'us,' meaning Azal Coffee.
Furthermore, Azal Coffee has the right to defend its intellectual property and take action against infringers. The franchisor can also enforce provisions of the agreement and seek remedies for breaches. In essence, 'we,' 'us,' and 'our' consistently denote Azal Coffee and its associated entities, highlighting the franchisor's rights, responsibilities, and control over the franchise system and intellectual property.