In the Baya Bar franchise agreement, when is the franchised business address determined and inserted into the agreement?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
2. GRANT OF FRANCHISE. Franchisor hereby grants to Franchisee and Franchisee accepts, upon the terms and conditions contained in this Agreement, the license to operate a Baya Bar acai shop franchise (the "Franchise" or " the Franchised Business"), using only the Marks licensed hereunder, in strict conformity with the System, which may be changed, improved and further developed by Franchisor from time to time. This grant applies only to a single location within a territory that is designated in Attachment 3 attached hereto and incorporated herein (the "Territory").
3. TERRITORY
- 3.1 Territory.
This Agreement grants Franchisee the right to operate the Franchised Business at a single location and from within the Territory.
Subject to Section 3.2 below, Franchisor agrees that during the Term of this Agreement, Franchisor will not operate, and will not authorize any other franchisees to operate, a Baya Bar outlet in the Territory using the same Marks as licensed to Franchisee in this Agreement so long as Franchisee is not in default under this Agreement or this Agreement has not been terminated.
Except as otherwise specified in this Agreement, Franchisor reserves the right to open, operate or franchise Baya Bar franchises bordering and adjacent to the Territory.
Except as set forth in this Agreement, Franchisee is prohibited from serving and soliciting customers outside of the Territory and from alternative methods of distribution as more fully specified herein.
- 3.2 Reservation of Rights.
Franchisee understands and agrees that all rights to any businesses, other than as specified in this Agreement, are fully reserved to Franchisor within or outside of the Territory.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the specific address of the franchised business is determined and incorporated into the agreement as part of the territory designation. The Franchise Agreement grants the franchisee the right to operate a Baya Bar acai shop at a single location within a defined territory, as specified in Attachment 3 of the agreement.
This attachment, which is incorporated into the Franchise Agreement, designates the territory granted to the franchisee. Baya Bar agrees not to operate or authorize other franchisees to operate a Baya Bar outlet within the franchisee's territory during the term of the agreement, provided the franchisee is not in default.
The agreement specifies that the franchisee is generally prohibited from serving or soliciting customers outside of their designated territory. All rights to businesses outside of what is specified in the agreement are reserved to Baya Bar, both within and outside the territory.