Does the Bang Cookies agreement state that the terms are considered fair and reasonable?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
r use in a Bang Cookies Business.
"Operations Manual" refers to and means the confidential operations manual made available to the Bang Cookies Business by our franchisor or as otherwise designated by us. The operations manual may consist of one or more volumes, handbooks, manuals, written materials, video, electronic media files, cloud/internet based list-service, intra-net, internet based and accessed databases, computer media, webinars and other materials as may be modified, added to, replaced or supplemented.
"Trade Dress" refers to and means the Bang Cookies designs, images, marketing materials, packaging, branding and/or branding images used in connection with the operation of the Bang Cookies Business.
- 3. Your Access to Confidential Information. In addition to the representations and acknowledgments contained in the Recitals and Representations, above, you acknowledge and represent that in your capacity as an employee, independent contractor, officer and/or director of the Bang Cookies Business that you will be gaining access to, among other things, the Confidential Information. You acknowledge that the terms of this Agreement are fair and reasonable.
- 4. Protection of the Confidential Information. You agree that: (i) you will not use the Confidential Information in any business or capacity other than the Bang Cookies Business; (ii) you will maintain the confidentiality of the Confidential Information at all times;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the agreement stipulates that the terms are considered fair and reasonable. Specifically, if a franchisee is also an employee, independent contractor, officer, and/or director of the Bang Cookies Business, they acknowledge that the terms of the agreement are fair and reasonable. Furthermore, the franchisee waives any right to challenge the terms of the agreement as overly broad, unreasonable, or otherwise unenforceable.
Additionally, if the franchisee is an Owner and/or Spouse, they also acknowledge that the terms of the Agreement are fair and reasonable. They also acknowledge that they have elected, based on their own decision, to enter into this Agreement to induce Bang Cookies to enter into the Franchise Agreement with Franchisee.
This acknowledgement is a standard clause in franchise agreements. It is designed to prevent franchisees from later claiming they did not understand the terms or that the terms were unfair when they signed the agreement. However, franchisees should still carefully review the agreement with legal counsel to ensure they fully understand their rights and obligations.