Under what circumstances does the Google Rails Premium Addendum apply to a Carls franchise agreement?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
This Addendum (this "GRP Addendum") forms a part of the Agreement and is applicable upon execution of the Agreement and in conjunction with a Customer Order Form in which Olo and Customer have agreed that Olo will provide Operator with Google Rails Premium ("GRP"). In the event that this Addendum conflicts with the Agreement, or there is an inconsistency, this Addendum shall control. Unless otherwise defined herein, capitalized terms have the meanings ascribed to such terms in the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
According to the 2024 Carls FDD, the Google Rails Premium Addendum becomes applicable when the franchisee executes the franchise agreement in conjunction with a Customer Order Form. This form signifies that Olo, the service provider, will provide the franchisee with Google Rails Premium (GRP). The addendum is considered part of the franchise agreement and takes effect upon the agreement's execution, provided that Olo and the franchisee have mutually agreed to the provision of GRP through a Customer Order Form. This means that simply signing the franchise agreement is not enough; a separate agreement for Google Rails Premium services must also be in place.
In practical terms, this means that a franchisee will only be subject to the terms of the Google Rails Premium Addendum if they specifically opt-in to receive Google Rails Premium services through Olo. This allows franchisees to choose whether or not they want to utilize this specific service offering. If the addendum conflicts with the standard franchise agreement, the addendum's terms will take precedence, but only with respect to the Google Rails Premium service.
For a prospective Carls franchisee, it's important to understand that the Google Rails Premium Addendum is not a mandatory part of the franchise agreement. It is an optional component that comes into play only if the franchisee decides to subscribe to Google Rails Premium services through Olo and formalizes this arrangement with a Customer Order Form. Franchisees should carefully review the terms of both the franchise agreement and the Google Rails Premium Addendum to understand their rights and obligations fully if they choose to utilize this service.