factual

What specific covenants and restrictions does Bang Cookies require the individual signing to agree to in their individual capacity?

Bang_Cookies Franchise · 2024 FDD

Answer from 2024 FDD Document

the URL of www.bangcookies.com and/or Bang Cookies Shops.

"Trade Dress" refers to and means the Shop designs, images, marketing materials, packaging, branding and/or branding images which we authorize and require Franchisee to use in connection with the operation of the Franchised Business and as may be revised and further developed by us from time to time.

"Transfer" refers to and means a transfer, sale and/or assignment whether legally, equitably or otherwise.

"Shop Facility" refers to and means the fixed commercial shop facilities including, the fixtures and improvements, from which Bang Cookies Shops are established, operated and managed.

"Shop Location(s)" refers to and means the location(s) from which Bang Cookies Shops are established, operated and managed.

  • 3. Additional Acknowledgments by You. In addition to the representations and acknowledgments contained in the Recitals and Representations, above, and incorporated into this Agreement, you acknowledge and represent that:
    • (a) as of the Effective Date you are an Owner and/or Spouse;
    • (b) that you are signing this Agreement in your individual capacity and that you are bound to the terms and conditions of this Agreement and irrespective of any change in your status as an Owner and/or Spouse;
    • (c) in your capacity as an Owner of Franchisee or as the Spouse of an Owner of Franchisee that you have and will be gaining access to, among other things, the System and Intellectual Property;
    • (d) you acknowledge that all of the components and aspects of the System and Intellectual Property (both individually and as they relate to one an

Source: Item 23 — RECEIPTS (FDD pages 56–245)

What This Means (2024 FDD)

According to Bang Cookies's 2024 Franchise Disclosure Document, individuals signing the Franchise Owner and Spouse Agreement and Guaranty agree to several covenants and restrictions in their individual capacity. Bang Cookies requires that these individuals acknowledge they are bound by the agreement's terms, regardless of any changes in their status as an owner or spouse. They also acknowledge gaining access to Bang Cookies's System and Intellectual Property.

These individuals must agree to brand protection, non-competition, and other covenants and restrictions to protect Bang Cookies's System and Intellectual Property. They also personally guarantee the financial and other obligations of the franchisee to Bang Cookies. These covenants are in place both during the term of the agreement and after its expiration or termination.

The agreement specifies that failure to comply with these terms will cause irreparable harm to Bang Cookies and its franchisees, entitling Bang Cookies to injunctive relief. This means Bang Cookies can seek a court order to stop the individual from violating the agreement. The individual acknowledges that the terms are fair and reasonable and that they have chosen to enter the agreement to induce Bang Cookies to enter into the Franchise Agreement with the franchisee.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.