In the event of a conflict between the lease and the Rider, which terms prevail for a Bang Cookies franchise?

According to Bang Cookies's 2024 Franchise Disclosure Document, the terms of the Lease Agreement Rider take precedence over the original lease in case of any inconsistencies. This Rider supplements and amends the original lease agreement. This ensures that Bang Cookies, as the franchisor, has specific protections and rights related to the leased premises.

This provision is crucial for Bang Cookies franchisees because it clarifies the hierarchy of documents governing the lease. It means that the standard lease terms are modified by the Rider to protect the franchisor's interests. For example, the landlord and tenant (franchisee) acknowledge that the rights in the Rider cannot be altered without Bang Cookies's express written consent. This gives Bang Cookies control over key aspects of the lease, such as transfer, subleasing, or any modifications to the lease terms.

This clause protects Bang Cookies's brand and business model by ensuring consistent lease terms across all franchise locations. It also allows Bang Cookies to maintain control over the premises in situations like termination or expiration of the franchise agreement, providing them with options to continue operations or transfer the location to another franchisee. Prospective franchisees should carefully review the Lease Agreement Rider to understand how it modifies the standard lease and what obligations and restrictions it places on them.