Does the Baya Bar franchise agreement include the recitations as part of the agreement?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
RECITATIONS
Through the expenditure of considerable time, effort and money, Franchisor has developed and established unique acai shops under the Baya Bar trademarks, and using Franchisor's confidential operations manual ("Manual") of business practices and policies, and Franchisor's distinctive, décor, fixtures and furnishings, operations methods, sales techniques, inventory, procedures for management control and training, assistance, advertising, and promotional programs, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System").
The System is identified by certain trade names, service marks**,** trademarks, logos, emblems and indicia of origin, including but not limited to the Baya Barservice marks, as set forth in Attachment 2, and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").
Franchisor continues to develop, use, and control the use of such Marks in order to identify for the public the source of services and products marketed under the Marks and the System and to represent the System's high standards of quality, appearance, and service.
Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, service, and appearance, and the necessity of operating the business franchised hereunder in conformity with Franchisor's standards and specifications.
NOW, THEREFORE, the parties, in consideration of the promises, undertakings and commitments of each party to the other set forth herein, and intending to be legally bound hereby, mutually agree as follows:
1. RECITATIONS. The Recitations set out above form part of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, the recitations outlined in the franchise agreement are indeed a part of the agreement. The recitations section emphasizes Baya Bar's established unique acai shops, trademarks, confidential operations manual, distinctive décor, operational methods, sales techniques, inventory, management control procedures, training, assistance, advertising, and promotional programs, collectively known as the "System."
These recitations also highlight the importance of the trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the Baya Bar service marks. Baya Bar continues to develop, use, and control these marks to ensure consistent quality, appearance, and service, which are critical to the brand's identity and public perception. The franchisee acknowledges the importance of maintaining these standards and operating the franchised business in accordance with Baya Bar's specifications.
This inclusion means that the franchisee is legally bound by the statements and acknowledgments made in the recitations, reinforcing the importance of adhering to Baya Bar's established standards and practices. It also underscores the franchisee's understanding of the value and importance of the Baya Bar system and brand identity.