For Better Blend, what constitutes the 'Business' as defined in the franchise agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the 'Business' refers to the Better Blend franchised business that the franchisee is licensed to operate under the Franchise Agreement. The franchisor, Better Blend Franchising, LLC, grants the franchisee the right to operate a Better Blend business solely at the specified location. The franchisee is obligated to develop, open, and operate the Better Blend business at that location for the entire term of the agreement and must exert their best efforts to promote and enhance the Business.
Better Blend retains certain rights, including establishing and licensing other Better Blend businesses outside the franchisee's territory, even if they impact the franchisee's business. They can also establish businesses in Limited Access Venues within the territory. Additionally, Better Blend can operate or license others to operate businesses that sell similar goods or services under different trademarks, and sell products/services through other distribution channels, including the internet.
Better Blend also retains the right to acquire or be acquired by a competitor, even if that competitor has outlets within the franchisee's territory. The franchisee's rights are specifically limited to the operation of a Better Blend business at the designated location, and Better Blend maintains broad discretion over the System and its development, as long as it's not expressly prohibited by the Franchise Agreement.