factual

Does the Benjamin Franklin Plumbing agreement confer rights to third-party beneficiaries?

Benjamin_Franklin_Plumbing Franchise · 2025 FDD

Answer from 2025 FDD Document

Except as otherwise expressly provided herein, this Agreement is exclusively for the benefit of the parties hereto and does not confer a benefit on, or give rise to liability to, a third party.

No agreement between UWIN and a third party is for the benefit of Contractor.

Source: Item 23 — RECEIPTS (FDD pages 88–312)

What This Means (2025 FDD)

According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the franchise agreement generally does not confer benefits to third parties. The agreement is primarily intended to benefit the parties directly involved, which are UWIN, the Contractor (franchisee), and their respective heirs, legal representatives, successors, and permitted assigns.

Specifically, the franchise agreement states that, unless expressly provided otherwise within the agreement itself, it is exclusively for the benefit of the parties involved. This means that individuals or entities who are not direct parties to the Benjamin Franklin Plumbing franchise agreement do not have rights or claims arising from it. This clause protects Benjamin Franklin Plumbing from potential liabilities or claims from outside parties who might otherwise argue they are entitled to benefits under the agreement.

However, there are exceptions where third parties may be involved, such as in the Personal Guarantee, where guarantors ensure the franchisee's obligations. Also, under the Confidentiality and Non-Compete Agreement, certain individuals affiliated with the franchisee may be bound by the agreement's terms, which the franchisor can directly enforce. These exceptions are explicitly defined and do not broadly extend third-party beneficiary rights.

Disclaimer: This information is extracted from the 2025 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.