What constitutes 'Control' of the operation of the Makery for a Buff City Soap franchise?

According to Buff City Soap's 2025 Franchise Disclosure Agreement, 'Control' in the context of the agreement refers to the authority a person or entity has over another. Specifically, an 'Affiliate' is defined as any entity controlled by, controlling, or under common control with a named person. This means that Buff City Soap Franchising, LLC can exert influence and authority over its franchisees and related entities.

The Franchise Agreement outlines that the franchisee is granted the right to develop and operate a Buff City Soap shop, referred to as a 'Makery,' at a specific location. However, this right is subject to the terms and conditions outlined in the agreement. Buff City Soap retains certain rights, including the ability to modify the System used for establishing and operating Makeries, as well as the trademarks and service marks associated with the brand. This allows Buff City Soap to maintain consistency and quality across all franchise locations.

Furthermore, the agreement specifies that the franchisee must operate the Makery at the approved Premises within the Designated Area. The franchisee cannot relocate the Makery without prior written consent from Buff City Soap. This level of control ensures that the Makery operates in a location that aligns with Buff City Soap's overall strategy and brand image. The definition of 'Purpose' within the agreement further clarifies that the franchisee is responsible for the day-to-day management of the Makery, including supervising the business operations as outlined in the Franchise Agreement.