Are there any third-party beneficiaries to the Beyond Juicery Eatery agreement?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord hereby agrees to and acknowledges Franchisee's right to use and display Beyond Juicery + Eatery Trademarks, subject only to any limitations imposed by Franchisor and any local, state or federal law. Landlord agrees that it will not limit Franchisee's right to use Beyond Juicery + Eatery Trademarks. Landlord further agrees and acknowledges that the Premises shall be used solely for the operation of a Beyond Juicery + Eatery Restaurant. Landlord agrees to notify Franchisor in the event that Franchisee begins to use the Premises in any other manner and Landlord shall consider such use as an event of default. If after the occurrence of an event giving rise to Franchisor's option hereunder, Franchisor does not exercise its option to accept the assignment of the Lease, Franchisee agrees to promptly remove all Beyond Juicery + Eatery Trademarks from the Premises. If Franchisee fails to promptly do so, Landlord agrees that Franchisor may enter the Premises without being guilty of trespass or tort to so de-identify the Premises. Franchisee will be responsible for all expenses incurred by Franchisor in performing such de-identification, including without limitation, actual attorneys' fees.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided do not explicitly state whether there are any third-party beneficiaries to the Beyond Juicery Eatery agreement. However, there is a mention of a Landlord agreement in the context of real estate use, which could imply a third party involved in the franchise agreement.
Specifically, the FDD excerpt discusses the Landlord's agreement to acknowledge the franchisee's right to use and display Beyond Juicery Eatery trademarks, subject to limitations imposed by the franchisor and any applicable laws. The Landlord also agrees not to limit the franchisee's right to use Beyond Juicery Eatery trademarks and acknowledges that the premises will be used solely for the operation of a Beyond Juicery Eatery Restaurant. Furthermore, the Landlord is required to notify the franchisor if the franchisee begins to use the premises in any other manner, which would be considered an event of default.
While this section outlines the Landlord's obligations and acknowledgments, it does not definitively establish the Landlord as a third-party beneficiary with specific rights under the franchise agreement. To confirm whether any third parties are designated as beneficiaries, prospective franchisees should seek clarification from Beyond Juicery Eatery regarding the existence and nature of any third-party beneficiary arrangements within the franchise agreement.