Are Bang Cookies franchisees required to comply with Anti-Terrorism Laws?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
- (6) Franchisee and Owners agree to comply with, and/or to assist Franchisor to the fullest extent possible in Franchisor's efforts to comply with Anti-Terrorism Laws (as defined below).
In connection with such compliance, Franchisee and each Owner certify, represent, and warrant that Franchisee's or any Owner's property or interests is not subject to being "blocked" under any of the Anti-Terrorism Laws, and Franchisee and each Owner are not otherwise in violation of any of the Anti-Terrorism Laws.
Franchisee further certifies that Franchisee and each Owner are not listed on the Annex to Executive Order 13244 (the Annex is available at http://www.treasury.gov) and will not become so listed, hire any person so listed, or have dealings with any person so listed.
Franchisee agrees to immediately notify Franchisor if Franchisee or any Owner become so listed. "Anti-Terrorism Laws" refers to and means Executive Order 13224 issued by the President of the United States, the USA PATRIOT Act, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any governmental authority addressing, or in any way relating to, terrorist acts and acts of war.
If Franchisee, an Owner, or Franchisee's employees violate any of the Anti-Terrorism Laws and/or become listed on the Annex to Executive Order 13244, then Franchisor may terminate this Agreement immediately without prior notice to Franchisee.
In connection with Franchisee's compliance with the terms of this Article 7.I., if Franchisee discovers, learns of, and/or becomes aware of any conflict and/or discrepancy between Franchisee's obligations under this Article 7.I. with Franchisor's standards and/or specifications as contained in this Agreement, in the operations manual, and/or as otherwise designated by Franchisor from time to time, Franchisee shall immediately notify Franchisor in writing of such discrepancy. In the event of any conflict or ambiguity, Franchisor's determination and/or resolution made by Franchisor, in writing, and, specifically with regard to the presented conflict or ambiguity, shall be determinative as between Franchisor and Franchisee and the operations of the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees and their owners must comply with Anti-Terrorism Laws. This includes certifying that their property or interests are not subject to being "blocked" under these laws and that they are not in violation of any Anti-Terrorism Laws. Franchisees and owners must also certify that they are not listed on the Annex to Executive Order 13244 and will not become listed, hire anyone listed, or have dealings with anyone listed. Franchisees must notify Bang Cookies immediately if they or any owner become listed. Anti-Terrorism Laws are defined as Executive Order 13224, the USA PATRIOT Act, and all other federal, state, and local laws relating to terrorist acts and acts of war.
If a Bang Cookies franchisee, an owner, or their employees violate any of the Anti-Terrorism Laws or become listed on the Annex to Executive Order 13244, Bang Cookies has the right to terminate the Franchise Agreement immediately without prior notice. This highlights the importance of franchisees and their owners understanding and adhering to these laws to avoid potential termination of their franchise agreement.
Furthermore, if there is any conflict or discrepancy between the franchisee's obligations under the Anti-Terrorism Laws and Bang Cookies' standards or specifications, the franchisee must immediately notify Bang Cookies in writing. In the event of any conflict or ambiguity, Bang Cookies' determination and/or resolution, made in writing, will be determinative as between Bang Cookies and the franchisee regarding the operations of the franchised business. This clause emphasizes Bang Cookies' control and the franchisee's obligation to follow their guidance in these matters.