Does the Casiola Franchise Disclosure Document include a copy of the Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Exhibit J "FDD Receipts," is supplemented with the addition of the following:
The Receipt for this Disclosure Document (Exhibit "J") is supplemented to add the following:
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- THE FRANCHISE INVESTMENT LAW MAKES IT UNLAWFUL TO OFFER OR SELL ANY FRANCHISE IN THIS STATE WITHOUT FIRST PROVIDING TO THE PROSPECTIVE FRANCHISEE, OR SUBFRANCHISOR, AT LEAST SEVEN DAYS BEFORE THE EXECUTION BY THE PROSPECTIVE FRANCHISEE, OF ANY BINDING FRANCHISE OR OTHER AGREEMENT, OR AT LEAST SEVEN DAYS BEFORE THE PAYMENT OF ANY CONSIDERATION BY THE FRANCHISEE, OR SUBFRANCHISOR, WHICHEVER OCCURS FIRST, A COPY OF THE DISCLOSURE DOCUMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, several exhibits and agreements are referenced, indicating that the document includes a copy of the Franchise Agreement. Specifically, Exhibit 1 is referenced as containing both the Franchisee's Owners Agreement and Guaranty. Additionally, the Hawaii FDD Amendment states that a copy of all proposed agreements relating to the sale of the franchise should be provided to the prospective franchisee.
Furthermore, the Casiola FDD includes amendments for specific states like Hawaii, Illinois, Michigan, and New York, which supplement the standard franchise agreement to comply with local laws. These amendments suggest that the core Franchise Agreement is a standard document that is then modified as needed for each jurisdiction. For example, the Illinois FDD Amendment references the "Casiola Franchise LLC Franchise Agreement" and states that the amendment is executed on the same date as the Franchise Agreement.
Item 18.M, Complete Agreement, states that the agreement, the documents referred to in the agreement, and the schedules and exhibits to the agreement, together with the Operations Manual, constitute the entire agreement between Casiola and the franchisee. This implies that the Franchise Agreement itself, along with its associated documents, is included in the Franchise Disclosure Document.