Does the Confidentiality and Non-Compete Agreement for Burros Fries specify the date on which the agreement is made?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
| This Agreement is made and entered into , 20, between Burros & Fries Franchise, Inc., a California corporation (hereinafter referred to as "Franchisor/we/us/our") and, (hereinafter referred to as "You"). |
|---|
| RECITALS: |
| WHEREAS, we have acquired the right to develop a unique system (the "System") for the development |
| and operation of a restaurant |
| that |
| serves |
| Mexican |
| dishes |
| and a wide |
| variety |
| of |
| sandwiches |
| and |
| other |
| menu |
| items under the name and mark "Burros & Fries" ("Mark"); and |
| WHEREAS, the System includes but is not limited to certain trade names, service marks, trademarks, |
| symbols, logos, emblems, |
| and |
| indicia of origin, including, but not limited |
| to the Mark and such |
| other |
| trade |
| names, service marks, and trademarks as Franchisor may develop in the future to identify for the public the |
| source of |
| services and products marketed under such |
| marks |
| and under the |
| System and representing the |
| System's high standards of quality, appearance |
| and |
| service standards; strategies |
| for |
| site acquisition, build |
| out, design and décor specifications; distinctive Products, Services, proprietary recipes, sauces,; specific |
| food preparation techniques, methods, procedures including standards; specifications and purchasing |
| strategies for all products, supplies and kitchen equipment; inventory management systems, vendors and |
| supplier relationships, |
| cost and pricing |
| strategies, |
| retail |
| center setup, merchandising strategies, |
| procedures |
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, the Franchise Agreement includes a space to specify the date on which the agreement is made. The document states that "This Agreement is made and entered into , 20, between Burros & Fries Franchise, Inc." This indicates that the agreement is dated upon execution by both parties.
This is a standard practice in franchising and contract law. Dating the agreement establishes a clear starting point for the term of the franchise, the obligations of both the franchisor and franchisee, and the enforcement of any restrictive covenants such as the non-compete clause. The inclusion of the date ensures that all parties are aware of when their contractual obligations begin.
Prospective Burros Fries franchisees should ensure that the date is accurately filled in on all copies of the Franchise Agreement before signing. This date will be critical for determining the length of the franchise term and the duration of any post-term obligations, such as the non-compete period. Franchisees should also retain a fully executed copy of the agreement for their records.