Under what conditions can Body20 assign its rights and obligations under the Franchise Agreement?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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17.13 Execution. This Agreement shall not be binding on either party until it is executed by both parties. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, and all of which will constitute one and the same instrument. Documents executed, scanned, and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters, with such scanned and electronic signatures having the same legal effect as original signatures.
17.14 Successors and Assigns. Except as expressly otherwise provided herein, this Agreement is binding upon and will inure to the benefit of the parties and their respective heirs, executors, legal representatives, successors, and permitted assigns.
17.15 No Third-Party Beneficiaries. Except as expressly otherwise provided herein, no third party shall have the right to claim any of the benefits conferred under this Agreement.
17.16 Delegation. We may delegate the performance of any or all of our obligations under this Agreement, and our right to exercise any of our rights under this Agreement, to an Affiliate, manager, agent, independent contractor, or other third-party. However, we will remain responsible for ensuring that such obligations are performed in accordance with the terms of this Agreement.
17.17 No Liability.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, the agreement is generally binding upon the parties and their respective heirs, executors, legal representatives, successors, and permitted assigns, except as expressly provided otherwise within the agreement. This means that the rights and obligations can be transferred to others under certain conditions.
Body20 has the right to delegate the performance of any or all of its obligations, and its right to exercise any of its rights under the agreement, to an affiliate, manager, agent, independent contractor, or other third party. However, Body20 will remain responsible for ensuring that such obligations are performed in accordance with the terms of the agreement. This indicates that while Body20 can assign tasks or duties, it ultimately remains accountable for their proper execution.
This section of the FDD also states that Body20 has the right, in its sole judgment, to operate, develop, and change the Body20 system in any manner that is not specifically prohibited by the agreement. Whenever Body20 has reserved a right to take or withhold an action, it may make its decision or exercise its rights based on the information readily available and its judgment of what is in its and/or its franchise network's best interests at the time the decision is made.