If the Casiola General Release is signed in counterparts, is each counterpart binding?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, you acknowledge that this Agreement will apply to you individually, jointly and severally with all others who sign this Agreement (including if this Agreement is signed in counterparts or electronically among other Owners);
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, if the Casiola Franchise Agreement is signed in counterparts, the agreement will apply individually, jointly, and severally with all others who sign the agreement. This means that each signed counterpart of the agreement is considered binding.
This clause is particularly relevant to owners of the franchisee entity. Casiola requires that owners acknowledge the agreement applies to them individually, along with all other signatories, regardless of whether the agreement is signed in counterparts or electronically. This ensures that all owners are bound by the obligations outlined in the agreement.
This provision is designed to protect Casiola by ensuring that all parties involved, especially owners, are fully committed to the terms of the franchise agreement. It reinforces the personal obligations of the owners, such as guaranteeing the franchisee's obligations, adhering to brand protection measures, maintaining confidentiality, and complying with non-competition covenants. Casiola explicitly states that it relies on this agreement and would not enter into the Franchise Agreement without it.