What does the term 'Agreement' refer to in the Beef O Bradys Franchise Disclosure Document?

he Franchise Agreement or our receipt of any consideration from you;

• 1.3 Acknowledgments. We expressly disclaim the making of, and you acknowledge that you have not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, sales, profits or success of the business venture contemplated by this Agreement or the extent to which we will continue to develop and expand the network of Family Sports Pubs. You acknowledge that:
  • (a) Revenues, Sales or Profits. Any statement regarding the potential or probable revenues, sales or profits of the business venture are made solely in the Franchise Disclosure Document delivered to you prior to signing this Agreement;
  • (b) Unauthorized Representation. Any statement regarding the potential or probable revenues, sales or profits of the business venture or statistical information regarding any existing Family Sports Pub owned by us or our affiliates that is not contained in our Franchise Disclosure Document is unauthorized, unwarranted and unreliable and should be reported to us immediately; and
  • Notice of Exceptions. You have not received or relied on any representations about us or our franchising program or policies made by us, or our officers, directors, employees or agents, that are contrary to the statements made in our Franchise Disclosure Document or to the terms of this Agreement. If there are any exceptions to any of the foregoing you agree to: (i) immediately notify our chief executive officer; and (ii) note such exceptions by attaching a statement of exceptions to this Agreement prior to signing it.
• 1.4 Business Organization. If you are at any time a business organization ("Business Entity") (like a corporation, limited liability company or partnership) you agree and represent that:
  • (a) Authority. You have the authority to execute, deliver and perform your obligations under this Agreement and are duly organized or formed and validly existing in good standing under the laws of the state of your incorporation or formation;
  • (b) Governing Documents. Your organizational or governing documents will recite that the issuance and Transfer of any ownership interests in you are restricted by the terms of this Agreement, and all certificates and other documents representing ownership interests in you will bear a legend referring to the restrictions of this Agreement;
  • (c) Principal Owners Statement. The Principal Owners Statement will completely and accurately describe all of your Owners and their interests in you. A copy of our current form of Principal Owners Statement is attached to the Franchise Agreement as Exhibit F;
  • (d) Ownership Changes. You and your Owners agree to revise the Principal Owners Statement as may be necessary to reflect any ownership changes and to furnish such other information about your organization or formation as we may request (any and all ownership changes must be approved in advance by us);
  • (e) Guaranty. Each of your Owners during the term of this Agreement will sign and deliver to us our standard form of Principal Owner's Guaranty undertaking to be bound jointly and severally by all provisions of this Agreement and any other agreements between you and us. A copy of our current form of Principal Owners Guaranty is attached to the Franchise Agreement as Exhibit E; and

(f) Documents and Contract. At our request, you will furnish true and correct copies of all documents and contracts governing the rights, obligations and powers of your Owners and agents (like articles of incorporation or organization, and partnership, operating or shareholder agreements).

2. TERM AND SUCCESSION

2.1 Term of Agreement.

Source: Item 23 — RECEIPTS. (FDD pages 66–330)