What does 'we', 'us', or 'our' refer to in the Better Blend disclosure document?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
In this disclosure document, "we", "us," or "our" refers to Better Blend Franchising, LLC. "You" means the person to whom we grant a franchise. If you are a corporation, limited liability company, or other entity, each owner of the franchise entity must sign our Guaranty and Non-Compete Agreement, which means that all of the franchise agreement's provisions also will apply to your owners.
About Us
Our name is Better Blend Franchising, LLC. Our principal business address is 345 W. 4th Street, Cincinnati, OH 45202. We do not have any parent entities. We do not have any affiliates that offer franchises in any line of business.
Our affiliate Better Blend Nutrition LLC will sell mixes to you, as well as cups, bowls, and certain other inventory. Its business address is 8181 Mall Road, Florence, KY 41042.
We do not have any predecessors.
We use the names "Better Blend Franchising, LLC" and "Better Blend". We do not intend to use any other names to conduct business.
Our agent for service of process in Ohio is Isaac Hamlin at 704 Race Street, Cincinnati, OH 45202. Our agents for service of process in other states are disclosed in Exhibit A.
We are an Ohio limited liability company. We were formed on June 18, 2022.
We do not operate businesses of the type being franchised.
We do not have any other business activities. We have not offered franchises in other lines of business.
We have offered franchises since July 15, 2022.
Better Blend Nutrition LLC opened the first Better Blend in Florence, Kentucky, in 2018.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 8–9)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the terms "we", "us," or "our" refer to Better Blend Franchising, LLC. The document also clarifies that "you" refers to the person or entity to whom Better Blend grants a franchise. If the franchisee is a corporation, limited liability company, or other entity, each owner of that entity must sign Better Blend's Guaranty and Non-Compete Agreement, making them subject to all provisions of the franchise agreement. Better Blend Franchising, LLC was formed on June 18, 2022, and has been offering franchises since July 15, 2022. Its principal business address is 345 W. 4th Street, Cincinnati, OH 45202. Better Blend Nutrition LLC, an affiliate, will sell mixes, cups, bowls, and other inventory to franchisees, and is located at 8181 Mall Road, Florence, KY 41042.
This definition is important for prospective franchisees as it clarifies the roles and responsibilities of each party in the franchise agreement. Understanding that "we," "us," or "our" refers specifically to Better Blend Franchising, LLC helps franchisees correctly interpret their obligations and the franchisor's commitments as outlined in the FDD and franchise agreement. It also highlights the relationship with Better Blend Nutrition LLC, the affiliate that supplies inventory.
Furthermore, the requirement for owners of franchise entities to sign a Guaranty and Non-Compete Agreement has significant implications. It means that individuals behind the franchise entity are personally bound by the franchise agreement's terms, including non-compete clauses. This is a common practice in franchising to ensure the franchisor's interests are protected and to prevent franchisees from directly competing with the system after leaving. Franchisees should carefully review these agreements with legal counsel to understand the full extent of their obligations and potential liabilities.