factual

Under the Baya Bar Franchise Agreement, what constitutes the 'Franchisee'?

Baya_Bar Franchise · 2024 FDD

Answer from 2024 FDD Document

al place of business located at | | and | 's principals | | , an individual residing at | and | | , an individual residing at | | | ("Principal(s)"). | and Principal(s) shall be | | collectively referred to in this Agreement as the "Franchisee". | | WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Baya Bar business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Baya Bar brand.

WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;

NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Definitions

All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.

2. Internet Advertising and Telephone Listings

  • 2.1 Interest in Websites, Social Media and Software Accounts, and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet websites, and the right to hyperlink to certain websites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
  • 2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain

telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.

  • 2.3 Transfer.

Source: Item 22 — CONTRACTS (FDD page 56)

What This Means (2024 FDD)

According to the 2024 Baya Bar Franchise Disclosure Document, the 'Franchisee' is defined as the party that enters into a franchise agreement with the Franchisor, Baya Bar Franchise Systems, LLC, to operate a Baya Bar business. This agreement grants the Franchisee the right to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Baya Bar brand. The Franchisee's agreement to comply with all terms and provisions is essential for the Franchisor to enter into the Franchise Agreement.

The Franchisee is granted a license to operate a Baya Bar acai shop franchise, using only the Marks licensed under the agreement, in strict conformity with the Baya Bar system. This license applies to a single location within a designated territory. The Franchisee has the right to operate the Franchised Business at a single location within the Territory.

Baya Bar's Franchise Agreement specifies that the Franchisee's rights and duties are personal to the Franchisee as it is organized and with the Principals of the business as they exist on the date of execution of this Agreement. The franchisor grants the agreement based on their perceptions of the individual and collective character, skill, aptitude, attitude, business ability, and financial capacity of the Franchisee. The Franchisee must also identify itself as the owner of the Franchised Business and as an independent Baya Bar franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing.

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.