What happens if Better Blend delivers a draft of the Franchise Agreement to the Franchisee?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
ase upon renewal of the Agreement.
- (9) Limitation of Claims: Franchisee is not required to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
- (10) Enforcement of Agreement: The prevailing party in any enforcement action is entitled to recover all costs and expenses including attorney's fees.
- 3. Effective Date. This Rider is effective as of the Effective Date.
BETTER BLEND FRANCHISING, LLC
**OHIO RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
Franchising, LLC, an Ohio limited liability company ("Franchisee"). This Rider amends the Franchise Agreement [if applicable: and Multi-Unit Development Agreement] dated (the "Agreement"), between Better Blend ("BBF") and, a 1. Definitions. Code of Ohio, Title XIII, Chapter 1334. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "BOPA" means the Ohio Business Opportunity Act, codified in Revised 2. Franchisee acknowledges that BBF Applicability of BOPA. is providing this Rider out of constitutes an intent that BOPA apply to the transaction between BBF an abundance of caution, and that neither the execution of this Rider nor any other act of BBF admission by BBF and Franchisee or an concerning franchising," that the transaction fails to comply in any material respects with the trade 16 C.F.R. 436.1 et seq. regulation rule of the federal trade commission, "disclosure requirements and prohibitions 3. No Delivery of Goods or Services during Cancellation Period. delivery of any goods or provide any services during the time within which Franchisee may the Agreement as provided in Section 5 below. BBF will not commence cancel 4. In connection with the sale of the Jurisdiction franchise, any provision in the and Venue. Agreement restricting jurisdiction or venue to a forum outside of Ohio, or requiring the application 1334.01 to 1334.15 of the BOPA. of laws of another state, is void with respect to a claim otherwise enforceable under Sections 5. You, the franchisee, may cancel the transaction Cancellation. at any time prior to notice of cancellation for an explanation of this right. midnight of the fifth business day after the date you sign this Agreement. See the attached 6. The name and address of BBF's agent authorized to receive Agent for Service of Process. service of process in Ohio is Isaac Hamlin at 704 Race Street, Cincinnati, OH 45202. Agreed to by: BETTER BLEND FRANCHISING, LLC
OHIO NOTICE OF CANCELLATION
[Insert Date Agreement Signed by FRANCHISEE]
**You may cancel this transaction, without penalty or obligation, within five business days from the above date. If you cancel, any payments made by you under the Agreement, and any negotiable instrument executed by you will be returned within ten business days following Better Blend Franchising, LLC's receipt of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to BBF at your business address all goods delivered to you under this agreement; or you may if you wish, comply with the instructions of BBF regarding the return shipment of the goods at BBF's expense and risk. If you do make the goods available to BBF and BBF does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of them without further obligation. If you fail to make the goods available to BBF, or if you agree to return them to BBF and fail to do so, then you remain liable for the performance of all obligations under the Agreement. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Better Blend Franchising, LLC, at 345 W.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
Based on the 2024 Better Blend Franchise Disclosure Document, the Ohio Rider to the Franchise Agreement states that if the franchisee is in Ohio, they have the right to cancel the agreement within five business days of signing.
According to the Ohio Notice of Cancellation, the franchisee can cancel the transaction without penalty or obligation within five business days from the date the agreement was signed. If the franchisee cancels, Better Blend will return any payments made and any negotiable instruments executed within ten business days of receiving the cancellation notice. Additionally, any security interest arising from the transaction will be cancelled.
The franchisee must make available to Better Blend all goods delivered under the agreement at their business address. Alternatively, the franchisee may comply with Better Blend's instructions regarding the return shipment of the goods at Better Blend's expense and risk. If Better Blend does not pick up the goods within twenty days of the cancellation notice, the franchisee may retain or dispose of them without further obligation. However, if the franchisee fails to make the goods available or fails to return them as agreed, they remain liable for all obligations under the agreement.
To cancel the transaction, the franchisee must mail or deliver a signed and dated copy of the cancellation notice, any other written notice, or send a telegram to Better Blend at 345 W. 4th Street, Cincinnati, OH 45202, or an e-mail to isaac.hamlin@betterblendnutrition.com, no later than midnight of the date that is five business days after the agreement was signed.