Under what conditions can Azal Coffee withhold consent or approval as outlined in the franchise agreement?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
gestion to you. You waive any claims against us for that type of liability.
20.6 Our Reasonable Business Judgment.
Whenever we have the right in this Agreement to take or to withhold an action, or to grant or decline to grant you a right to take or omit an action, we may, except as otherwise specifically provided in this Agreement, make our decision or exercise our rights based on information readily available to us and our judgment of what is in our and/or the Azal Coffee franchise system's best interests at the time our decision is made, without regard to either whether we could have made other reasonable or even arguably preferable alternative decisions or whether our decision promotes our financial or other individual interest. Examples of items that will promote or benefit the Azal Coffee franchise system include enhancing the value of the Intellectual Property, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the Azal Coffee franchise system.
20.7 Third Parties.
Except as provided in this Agreement to the contrary for any of our affiliates or franchisees, nothing in this Agreement, whether expressed or implied, is intended to confer any rights under this Agreement on any person (including other Azal Coffee franchisees) other than the parties and their respective personal representatives, other legal representatives, heirs, successors, and permitted assigns.
20.8 Cumulative Remedies.
All remedies, either under this Agreement or by law or otherwise afforded, will be cumulative and not alternative.
20.9 Notices.
Unless otherwise specified in this Agreement, notices under this Agreement must be in writing signed by the party serving the same and must be sent by: (a) registered or certified mail, return receipt requested, postage pre-paid, in which case the notice will be complete two (2) days after mailing; or (b) overnight courier service, in which case the notice will be complete one (1) day after delivery to the overnight courier.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, Azal Coffee has the right to take or withhold an action, or to grant or decline to grant a franchisee a right to take or omit an action. Except as otherwise specifically provided in the Franchise Agreement, Azal Coffee may make its decision or exercise its rights based on information readily available to them and their judgment of what is in their and/or the Azal Coffee franchise system's best interests at the time their decision is made. This is without regard to whether they could have made other reasonable or even arguably preferable alternative decisions or whether their decision promotes their financial or other individual interest.
Examples of items that will promote or benefit the Azal Coffee franchise system include enhancing the value of the Intellectual Property, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the Azal Coffee franchise system.
Azal Coffee also requires that all advertising by the franchisee in any medium, including signage, must be factual and dignified, must conform to their standards and specifications, and to the highest standards of ethical advertising practice, and must be approved by them in writing before it is used. Franchisees must submit to Azal Coffee for approval all marketing and promotion materials, including signage, prepared by them for the Franchise Business and not prepared by or previously approved by Azal Coffee. These materials must be submitted at least thirty (30) days before use. If Azal Coffee does not approve advertising submitted to them in writing within the thirty (30) day period, the advertising shall be deemed disapproved. Azal Coffee has the right to disapprove the use of any advertising.