Does the Casiola Franchise Agreement require an Operating Market Acknowledgment?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
FRANCHISE AGREEMENT Schedule 1 Operating Market Acknowledgment
Franchisee's Operating Market – Franchisee's "Operating Market", as such term is identified and defined in the Franchise Agreement, including, but not limited to, Article 1 of the Franchise Agreement, is identified, as follows:
[IF LEFT INCOMPLETE THE OPERATING MARKET SHALL BE DESIGNATED AND DETERMINED BY FRANCHISOR]
The foregoing Operating Market has been determined based on negotiations initiated by Franchisee. To the extent that the foregoing description of the Operating Market includes and/or delineates geographic or political boundaries such determinations will be considered fixed as of the Effective Date of the Franchise Agreement and will not change for the purpose of this Agreement notwithstanding a change or reorganization to such boundaries or regions. All street boundaries, if any, will be deemed to end at the street center lines unless otherwise specified above.
Franchisor: Casiola Franchise LLC Name and Title (please print) Name (please print) Name (please print)
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2024 FDD)
Yes, according to Casiola's 2024 Franchise Disclosure Document, the Franchise Agreement includes a Schedule 1 titled "Operating Market Acknowledgment." This acknowledgment requires the franchisee's operating market to be identified as defined in Article 1 of the Franchise Agreement.
The Operating Market Acknowledgment specifies that the franchisee's operating market is determined based on negotiations initiated by the franchisee. The acknowledgment also states that if the Operating Market section is left incomplete, Casiola will designate and determine the operating market.
Furthermore, the acknowledgment clarifies that any geographic or political boundaries included in the description of the Operating Market will be considered fixed as of the effective date of the Franchise Agreement. These boundaries will not change, even if the actual geographic or political boundaries are reorganized or changed. All street boundaries will be deemed to end at the street center lines unless otherwise specified.