Upon whom is the Batteries Plus Bulbs agreement binding?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
BATTERIES PLUS® FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into this day of , 20, between Batteries Plus, L.L.C., a Wisconsin limited liability company, with a principal place of business at 1325 Walnut Ridge Drive, Hartland, Wisconsin 53029 ("Franchisor"), and , a formed and operating under the laws of the State of, or, an individual, with a principal place of business at ("Franchisee").
Source: Item 22 — Contracts (FDD page 80)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs FDD, the franchise agreement is binding upon Batteries Plus, L.L.C. as the Franchisor, and the individual or entity that becomes the Franchisee. The agreement is made and entered into by both parties, establishing a legal relationship that outlines the rights and responsibilities of each party.
Specifically, the agreement details the rights granted to the franchisee to develop and operate a Batteries Plus Bulbs store using the Batteries Plus Bulbs system at a specific location. In return, the franchisee must adhere to the covenants and agreements outlined in the document. This includes following the franchisor's system for operating the retail store, selling approved products, and using the licensed marks appropriately.
The agreement also binds Principal Owners to certain covenants, particularly those related to non-competition, both during the term of the agreement and for a period after the agreement expires or is terminated. This ensures that the franchisee and those with significant ownership in the franchise do not engage in activities that would compete with the Batteries Plus Bulbs system, protecting the brand and other franchisees within the system.
Furthermore, the agreement contains provisions for enforcement, including injunctive relief and payment of attorney's fees, which are applicable to both the franchisor and the franchisee. These provisions ensure that both parties are held accountable for upholding their obligations under the agreement and provide mechanisms for resolving disputes and addressing breaches of contract.