Is Casiola Franchise LLC a party to the Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
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approval is prescribed, Franchisee shall request such approval in writing, and Franchisor shall respond within 10 business days after receiving Franchisee's written request and all supporting documentation, provided if Franchisor does not respond, such request shall be deemed unapproved. Franchisor's consent to, or approval of, any act or request by Franchisee shall be effective only to the extent specifically stated, and Franchisor's consent or approval shall not be deemed to waive, or render unnecessary, consent or approval of any other subsequent similar act or request.
IN WITNESS WHEREOF, the parties have executed, sealed and delivered this Agreement as of the
Effective Date set forth in the first paragraph of this Agreement.
Franchisor: Casiola Franchise LLC Name and Title (please print) Name (please print) Dated Dated Name (please print) Dated
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
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Casiola Franchise LLC is indeed a party to the Franchise Agreement. This is evidenced by multiple references within the provided excerpts, particularly in the context of amendments and schedules to the agreement.
Specifically, the New York, Maryland, Illinois, and Minnesota Franchise Agreement Amendments explicitly state that the amendments are made to the "Casiola Franchise LLC Franchise Agreement." This indicates that Casiola Franchise LLC is the franchisor and a direct party to the agreement being amended. Furthermore, the Assignment of Telephone Numbers and Digital Media Accounts states that the assignment is entered into between the franchisee (Assignor) and "Casiola Franchise LLC" (Assignee), reinforcing Casiola Franchise LLC's role as a party to the agreement.
Additionally, Schedule 1 (Operating Market Acknowledgment) and Schedule 2 (Franchise Fee Acknowledgment) of the Franchise Agreement both include signature lines for "Casiola Franchise LLC," further solidifying its position as a direct party to the agreement. These schedules require acknowledgment and agreement from both the franchisor (Casiola Franchise LLC) and the franchisee, demonstrating a mutual commitment to the terms outlined within the Franchise Agreement.
For a prospective franchisee, this means that Casiola Franchise LLC is the entity with whom they are directly contracting. Any obligations, rights, and responsibilities outlined in the Franchise Agreement are legally binding between the franchisee and Casiola Franchise LLC. This is a standard arrangement in franchising, where the franchisor entity is the primary party responsible for upholding the terms of the franchise agreement.