Which terms and conditions of the Speedline agreement for Beggars Pizza survive its expiry or termination?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
SURVIVAL OF CERTAIN TERMS: Terms and conditions of this Agreement which by their nature require performance after the expiry or termination of this Agreement, including but not limited to the use restrictions, limitations of liability, and confidentiality obligations, will survive any expiry or termination of this Agreement.
ENTIRE AGREEMENT: This is the entire agreement between the Customer and SpeedLine, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza FDD, certain terms and conditions within the SpeedLine System Purchase Agreement survive its expiration or termination. These include terms and conditions that, by their nature, necessitate continued performance even after the agreement has ended. Specific examples cited in the FDD are limitations of liability and confidentiality obligations.
For a prospective Beggars Pizza franchisee, this means that even after the franchise agreement concludes, certain responsibilities and protections remain in effect. For instance, the limitations on SpeedLine's liability for damages or losses may continue to protect SpeedLine, and the franchisee must maintain confidentiality regarding sensitive information, as defined in the agreement, even after the agreement's termination.
Additionally, in the event of termination or expiration of the agreement, the franchisee's rights to use the Speedline service cease. However, several provisions will remain in effect, including all definitions, the franchisee's outstanding financial obligations, the license to franchisee content and user data (to the extent needed for SpeedLine to fulfill its post-termination duties), and specific sections of the agreement (Sections 4, 9, 11.d, 13, 14, 16, and 17).
This ensures that certain aspects of the relationship, particularly those concerning financial responsibilities, data handling, and legal obligations, are clearly defined and continue to be enforceable, even after the formal agreement period has ended. Franchisees should carefully review these sections to understand their ongoing obligations and the protections afforded to SpeedLine post-termination.