factual

What is the purpose of the Multi-Unit Development Agreement for Better Blend?

Better_Blend Franchise · 2024 FDD

Answer 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. 4th Street, Cincinnati, OH 45202, or an e-mail to BBF at isaac.hamlin@betterblendnutrition.com, not later than midnight of [Insert date that is five business days after the date above].

I hereby cancel this transaction.

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

Agreement] dated (the "Agreement"), between Better Blend Franchising, LLC, an Ohio ("BBF") and, a limited liability company ("Franchisee"). 1. Capitalized terms used but not defined in this Rider have the meanings given Definitions. in the Agreement. 2. Any provision of the Agreement restricting jurisdiction or venue Jurisdiction and Venue. to a forum outside the State of Rhode Island or requiring the application of the laws of another Investment Act. state is void with respect to a claim otherwise enforceable under Rhode Island Franchise 3. Effective Date. This Rider is effective as of the Effective Date. Agreed to by: BETTER BLEND FRANCHISING, LLC

WASHINGTON ADDENDUM TO DISCLOSURE DOCUMENT AND

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

In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.

RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.

In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.

A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.

Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.

Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the franchise agreement or elsewhere that conflict with these limitations are void and unenforceable in Washington.

RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.

BETTER BLEND FRANCHISING, LLC

Item 23 RECEIPTS

Detachable documents acknowledging your receipt of this disclosure document are attached as the last two pages of this disclosure document.

EXHIBIT A

STATE ADMINISTRATORS AND AGENTS FOR SERVICE OF PROCESS

We may register this Disclosure Document in some or all of the following states in accordance with the applicable state law. If and when we pursue franchise registration, or otherwise comply with the franchise investment laws, in these states, the following are the state administrators responsible for the review, registration, and oversight of franchises in each state and the state offices or officials that we will designate as our agents for service of process in those states:

| | In the last three fiscal years, no franchisees have signed any contract, order, or settlement | |---|---| | provision that directly or indirectly restricts a current or former franchisee from discussing his or | | | her personal experience as a franchisee in our system with any prospective franchisee. | |

We have not been in business for three years or more, and therefore cannot include
all financial statements required by the Franchise Rule of the Federal Trade Commission.

Source: Item 22 — CONTRACTS (FDD page 43)

What This Means (2024 FDD)

Based on the 2024 Franchise Disclosure Document, the purpose of Better Blend's Multi-Unit Development Agreement is not explicitly detailed. However, the document mentions the agreement in the context of state-specific riders and addenda, suggesting it is a contract used when a franchisee commits to opening multiple Better Blend locations.

The presence of riders for states like Ohio, Rhode Island, Washington, Maryland, Illinois, Indiana, Minnesota, and New York that specifically reference the Multi-Unit Development Agreement indicates that this agreement is subject to state-specific regulations and amendments, similar to the standard franchise agreement. These riders often address issues such as governing law, waivers, jurisdiction, and franchisee rights upon termination or non-renewal, tailoring the agreement to comply with local franchise laws.

While the FDD excerpts do not provide a comprehensive description of the Multi-Unit Development Agreement's terms, its inclusion in these state-specific riders suggests that it outlines the obligations, rights, and responsibilities of both Better Blend and the franchisee concerning the development of multiple franchise units. A prospective franchisee should carefully review the full Multi-Unit Development Agreement and any applicable state-specific riders with legal counsel to fully understand its implications.

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.