Where in the Bang Cookies Franchise Agreement can I find the definition of 'Development Area'?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
SECTION 1 DEFINITIONS
Supplementing the definitions contained in the Recitals, above, the following terms will have the meaning as defined below:
"Abandonment" refers to and means the conduct of the Franchisee, including acts of omission as well as commission, indicating the willingness, desire or intent of the Franchisee to discontinue the development and/or operation of the Bang Cookies Shops in the Development Area in accordance with the terms of this Agreement.
"Affiliates" means individually or collectively, any and all entities controlling, controlled by, or under common ownership with Franchisor.
"Bang Cookies Shop(s)" shall have the meaning defined in the Recitals section of this Agreement and, without limitation to the Recitals section definition of "Bang Cookies Shops", shall further include, refer to and mean: every business and all businesses owned and/or operated by Franchisor, Franchisor's affiliates and/or authorized franchisee(s) that utilize and/or is/are required to utilize the System and/or Licensed Marks including, but not limited to, the Franchised Business.
"Corporate Entity" refers to and means a corporation, limited liability company, partnership or other corporate legal entity that is not an individual person.
"Cumulative Development Shops" shall, respectively, have the meaning defined and set forth in Section 4.4 of this Agreement.
"Development Area" shall have the meaning defined and set forth in Section 2.1 of this Agreement.
"Development Area Fee" shall have the meaning defined and set forth in Section 4.1 of this Agreement.
"Development Information Sheet" refers to and means the Development Information Sheet attached to this Agreement as Schedule A.
The Development Information Sheet is incorporated into this Agreement.
"Development Period" shall, respectively, have the meaning defined and set forth in Section 4.4 of this Agreement.
"Development Shop" shall have the meaning defined and set forth in Section 2.1 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the definition of "Development Area" is found in Section 2.1 of the agreement. Section 1 of the Franchise Agreement contains definitions of terms used throughout the agreement. Specifically, the definition of "Development Area" is referenced as being defined and set forth in Section 2.1 of the agreement.
Section 2.1 outlines the development grant and obligations, stating that Bang Cookies grants the franchisee the right and obligation to develop shops within the Development Area, provided they adhere to the Development Schedule and the terms of the Franchise Agreement. The Development Area itself is defined as the geographic area specified in the Development Information Sheet, which is attached as Schedule A to the agreement.
This means that a prospective Bang Cookies franchisee can find the precise boundaries and details of their Development Area in two places: Section 2.1 of the Franchise Agreement, and more specifically, in Schedule A, the Development Information Sheet. The Development Information Sheet must be completed and signed by Bang Cookies to be effective. The franchisee's rights to operate Bang Cookies shops are limited to this defined Development Area, so understanding its scope is crucial.