factual

Besides the Franchise Agreement, what other agreements might a Better Blend franchisee enter into?

Better_Blend Franchise · 2024 FDD

Answer from 2024 FDD Document

visions of Article 17 (Dispute Resolution) of the Franchise Agreement apply to and are incorporated into this Guaranty as if fully set forth herein. Guarantor shall pay to BBF all costs incurred by BBF (including reasonable

attorney fees) in enforcing this Guaranty. If multiple Guarantors sign this Guaranty, each will have joint and several liability.

Agreed to by:

Address: Address: Address:

Attachment 4 to Franchise Agreement

CONDITIONAL ASSIGNMENT OF BRAND ACCOUNTS

This Assignment of Brand Accounts (this "Assignment") is executed by the undersigned ("Franchisee") in favor of Better Blend Franchising, LLC, an Ohio limited liability company ("BBF").

Background Statement: BBF and Franchisee are parties to a Franchise Agreement pursuant to which BBF granted Franchisee a license to operate a Better Blend franchised business (the "Business"). BBF or its affiliates are the sole owner of the Better Blend brand and all names, logos, trademarks, service marks, and other intellectual property associated therewith. To protect BBF's interest in and control of Better Blend, Franchisee acknowledges the following and agrees that BBF has the right to control all telephone numbers, directory listings, and internet marketing accounts related to Better Blend.

Franchisee agrees as follows:

  • 1. Conditional Assignment. Franchisee hereby assigns to BBF (or its designee) all of Franchisee's rights, title, and interest in and to all telephone numbers, directory listings, email accounts, websites, social media accounts, and all other accounts and profiles for advertising and marketing on the internet or any electronic communications network ("Brand Accounts") associated with Better Blend and registered by Franchisee from time to time in connection with the operation of Franchisee's Business, such assignment to be effective upon (a) termination or expiration of the Franchise Agreement, or (b) notice from BBF to Franchisee, at which time BBF will have the right to assume ownership of any one or all Brand Accounts.
  • 2. Transfer or Deletion. Franchisee hereby authorizes the service provider of each Brand Account (the "Provider") to transfer the Brand Account to BBF (or its designee) or to delete the Brand Account upon the written instruction of BBF. Franchisee hereby grants BBF an irrevocable limited power of attorney on behalf of Franchisee to direct any Provider to transfer or delete a Brand Account. In such an event, Franchisee will have no further right, title or interest in the Brand Account but will remain liable to the Provider for all past due fees owing to the Provider on or before the date on which the assignment is effective. BBF will have no liability or obligation of any kind to a Provider arising prior to the effective date of transfer or deletion. Franchisee agrees to take all reasonable steps necessary to effectuate the transfer or deletion (as determined by BBF) of each Brand Account.

[Signatures on next page]

Executed by: [if an individual:] [if an entity:]

EXHIBIT J

STATE ADDENDA TO AGREEMENTS

**ILLINOIS RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]

This Rider amends the Franchise Agreement [if applicable: and Multi-Unit Development Agreement] dated (the "Agreement"), between Better Blend Franchising, LLC, an Ohio ("BBF") and, a limited liability company ("Franchisee"). 1. Governing Law. Illinois law governs the Agreement. 2. lawsuit filed under any of the pursuant to the provisions of Title 9 of the United States Code. Waivers Void. In conformance with Section 41 of the Illinois Franchise Disclosure Act, notwithstanding any provision of the Agreement to the contrary, any condition, stipulation, or provision purporting to bind Franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. This Section shall not prevent Franchisee from entering into a settlement agreement or executing a general release regarding a potential or actual provisions of this Act, nor shall it prevent the arbitration of any claim 3. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any Jurisdiction. provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the outside of Illinois. State of Illinois is void. However, a franchise agreement may provide for arbitration to occur 4. Franchisee's rights upon Termination and Non-Renewal are Termination/Non-Renewal. set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act. 5. Disclaimers. of: (i) waiving any claims under any applicable state franchise law, including fraud document executed in connection with the franchise. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller or other person acting on behalf of the Franchisor. This provision supersedes any other term of any Agreed to by: BETTER BLEND FRANCHISING, LLC

**INDIANA RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]

Agreement] (the "Agreement"), between Better Blend Franchising,
dated
LLC, an Ohio ("BBF") and, a
limited liability company
("Franchisee").
  • 1. Definitions. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "Indiana Acts" means the Indiana Franchise Act and the Indiana Deceptive Franchise Practices Act.
  • 2. Certain Provisions Modified. Any provision of the Agreement which would have any of the following effects is hereby modified to the extent required for the Agreement to be in compliance with the Indiana Acts:
  • (1) Requiring goods, supplies, inventories, or services to be purchased exclusively from the franchisor or sources designated by the franchisor where such goods, supplies, inventories, or services of comparable quality are available from sources other than those designated by the franchisor. However, the publication by the franchisor of a list of approved suppliers of goods, supplies, inventories, or services or the requirement that such goods, supplies, inventories, or services comply with specifications and standards prescribed by the franchisor does not constitute designation of a source nor does a reasonable right of the franchisor to disapprove a supplier constitute a designation. This subdivision does not apply to the principal goods, supplies, inventories, or services manufactured or trademarked by the franchisor.
  • (2) Allowing the franchisor to establish a franchisor-owned outlet engaged in a substantially identical business to that of the franchisee within the exclusive territory granted the franchisee by the franchise agreement; or, if no exclusive territory is designated, permitting the franchisor to compete unfairly with the franchisee within a reasonable area.
  • (3) Allowing substantial modification of the franchise agreement by the franchisor without the consent in writing of the franchisee.

Source: Item 22 — CONTRACTS (FDD page 43)

What This Means (2024 FDD)

According to Better Blend's 2024 Franchise Disclosure Document, franchisees may be required to sign additional agreements depending on their specific circumstances. These include a Guaranty, which ensures the franchisee's obligations are met, and a Conditional Assignment of Brand Accounts, which allows Better Blend to manage marketing accounts under certain conditions.

Additionally, franchisees in certain states like Illinois, Indiana, New York, and Ohio may need to sign a state-specific rider to the Franchise Agreement. These riders modify the standard agreement to comply with state franchise laws, covering aspects like governing law, waivers, and dispute resolution.

Finally, if a franchisee plans to develop multiple Better Blend units, they might enter into a Multi-Unit Development Agreement, as indicated in the state addenda. These additional agreements ensure that both the franchisee and Better Blend are protected and compliant with all applicable regulations.

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.