When does the Beyond Juicery Eatery Franchise Agreement become non-executory?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, in consideration of Beyond Juicery + Eatery granting the franchise to Franchisee, Franchisee agreed in the Franchise Agreement to execute an assignment to Beyond Juicery + Eatery of its telephone number upon the termination or expiration without renewal of the Franchise Agreement, or transfer of the Franchise Agreement;
Source: Item 22 — CONTRACTS (FDD page 60)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Beyond Juicery Eatery Franchise Agreement becomes non-executory upon the expiration without renewal or termination of the Franchise Agreement. This is explicitly stated in the context of the franchisee's assignment of telephone numbers to Beyond Juicery Eatery. Upon such expiration or termination without renewal, the franchisee's rights, title, and interest in the telephone numbers used for advertising and marketing the Beyond Juicery Eatery restaurant are transferred to Beyond Juicery Eatery.
This transfer is further supported by the franchisee's agreement to authorize telephone companies and directory services to recognize the assignment immediately upon written notice from Beyond Juicery Eatery. The franchisee essentially agrees to surrender the numbers, allowing Beyond Juicery Eatery to reassign them. This assignment is secured, as Beyond Juicery Eatery is appointed as the franchisee's attorney to sign necessary documents if the franchisee fails to do so within two business days of notice.
Additionally, all telephone charges, including those for classified advertising, are prorated as of the assignment time. The franchisee is responsible for charges incurred before the assignment, while Beyond Juicery Eatery covers subsequent charges. This ensures a clean transfer of telephone numbers and associated responsibilities at the end of the franchise agreement term.