For Buns On Fire, what is the effect of the Telephone Listing Agreement on other agreements?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
________________________ FRANCHISEE By: _____________________________________ Name: __________________________________
Title: ___________________________________
SMYA VENTURES LLC
TELEPHONE LISTING AGREEMENT
THIS TELEPHONE LISTING AGREEMENT (the "Telephone Listing Agreement") is made and entered into as of [] (the "Effective Date"), by and between SMYA Ventures LLC, an Illinois limited liability company (the "Franchisor"), and [], [a/an limited liability company/corporation/individual] (the "Franchisee").
W I T N E S S E T H:
WHEREAS, Franchisee desires to enter into a Franchise Agreement with Franchisor for the operation of a "Buns on Fire" Restaurant (the "Franchise Agreement"); and
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Telephone Listing Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the parties hereto agree as follows:
1. DEFINITIONS
All terms used but not otherwise defined in this Telephone Listing Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. TRANSFER; APPOINTMENT
- 2.1 Interest in Telephone Numbers and Listings. Franchisee has, or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, yellow-page, and other telephone directory listings (collectively, the "Telephone Numbers and Listings") related to the Restaurant or the Proprietary Marks (all of which right, title, and interest is referred to herein as "Franchisee's Interest").
- 2.2 Transfer.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, the Telephone Listing Agreement is critical to the Franchise Agreement. Buns On Fire would not enter into the Franchise Agreement without the franchisee's agreement to comply with all the terms and provisions of the Telephone Listing Agreement. This highlights the importance Buns On Fire places on franchisees adhering to the terms of the Telephone Listing Agreement.
Furthermore, all terms used but not specifically defined in the Telephone Listing Agreement take on the meanings defined in the Franchise Agreement. This creates a direct link between the two agreements, ensuring consistency in interpretation. The definition of "Termination" of the Franchise Agreement also applies to the Telephone Listing Agreement, including voluntary, involuntary, or natural expiration, further aligning the two agreements.
Franchisees are also responsible for all costs and expenses related to their performance, nonperformance, and Buns On Fire's enforcement of the Telephone Listing Agreement. Franchisees must indemnify Buns On Fire and its affiliates against any losses or claims related to the Telephone Listing Agreement. Buns On Fire's powers under this agreement are solely to protect its interests and do not create any obligation for Buns On Fire to accept the transfer of any telephone numbers or listings from the franchisee.