Does the expiration or termination of the Baya Bar agreement affect the survival of the provisions in Article 10?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.10 Survival. The provisions of this Article 10 shall continue in full force and effect notwithstanding the expiration or termination of this Agreement or a transfer by Developer of his/her respective interests in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–189)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the provisions outlined in Article 10 of the agreement remain in effect even after the agreement expires, is terminated, or if the developer transfers their interests. This means that any clauses within Article 10 that govern the relationship between the franchisee and Baya Bar, such as dispute resolution, waivers, and legal limitations, will continue to apply regardless of the status of the franchise agreement.
This survival clause is a standard practice in franchising, designed to ensure that certain obligations and protections remain in place even after the formal agreement ends. For a Baya Bar franchisee, this means that even after their franchise term concludes, they may still be subject to the terms in Article 10, such as the waiver of a jury trial or limitations on the types of damages they can claim against Baya Bar.
It is important for prospective Baya Bar franchisees to carefully review Article 10 to understand which specific provisions survive the termination or expiration of the agreement. This knowledge will help them understand their rights and obligations, even after they are no longer actively operating a Baya Bar franchise. The franchisee should also seek legal counsel to fully understand the implications of these surviving provisions.