What is included in Schedule 1 of the Casiola Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
f, 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 22 — CONTRACTS (FDD page 47)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, Schedule 1 of the Franchise Agreement pertains to the franchisee's Operating Market. The schedule identifies the specific geographic area where the franchisee is authorized to operate their Casiola business. This Operating Market is determined through negotiations between the franchisee and Casiola.
The document specifies that if Schedule 1 is left incomplete, Casiola has the authority to designate and determine the Operating Market. Furthermore, any geographic or political boundaries delineated in the Operating Market description are considered fixed as of the effective date of the Franchise Agreement and will not change, even if the actual boundaries or regions undergo reorganization. Street boundaries are deemed to end at the street center lines unless otherwise specified.
For a prospective franchisee, this means the Operating Market, as defined in Schedule 1, is a critical element of the agreement, outlining the territory where they can conduct business. It is important for the franchisee to carefully review and negotiate the terms of the Operating Market to ensure it meets their business objectives. The franchisee should also be aware that Casiola reserves the right to define the Operating Market if Schedule 1 is not completed, potentially impacting the franchisee's business area.
Schedule 2 of the Franchise Agreement covers the Franchise Fee Acknowledgment. It specifies whether the Operating Market qualifies as a single territory or a single territory plus additional territories. It also includes the number of total territories and the initial franchise fee amount.