What specific 'Anti-Terrorism Laws' must a Casiola franchisee comply with to avoid termination?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall comply with, and cause Franchisee's Owners to comply with and/or to assist Franchisor, to the fullest extent possible, in Franchisor's efforts to comply with Anti-Terrorism Laws (as defined below).
In connection with such compliance, Franchisee and each Owner certify, represent, and warrant that Franchisee's or any Owner's property or interests is not subject to being "blocked" under any of the Anti-Terrorism Laws, and Franchisee and each Owner are not otherwise in violation of any of the Anti-Terrorism Laws.
Franchisee further certifies that Franchisee and each Owner are not listed on the Annex to Executive Order 13244 (the Annex is available at http://www.treasury.gov) and will not become so listed, hire any person so listed, or have dealings with any person so listed.
Franchisee agrees to immediately notify Franchisor if Franchisee or any Owner becomes so listed. "Anti-Terrorism Laws" refers to and means Executive Order 13224 issued by the President of the United States, the USA PATRIOT Act, and all other present and future federal, state and local laws, ordinances, regulations, policies, lists and any other requirements of any governmental authority addressing, or in any way relating to, terrorist acts and acts of war.
If Franchisee, an Owner, or Franchisee's employees violate any of the Anti-Terrorism Laws and/or become listed on the Annex to
Executive Order 13244, then Franchisor may terminate this Agreement immediately without prior notice to Franchisee.
In connection with Franchisee's compliance with the terms of this Article 7.H., if Franchisee discovers, learns of, and/or becomes aware of any conflict and/or discrepancy between Franchisee's obligations under this Article 7.H. with Franchisor's standards and/or specifications as contained in this Agreement, in the Operations Manual, and/or as otherwise designated by Franchisor from time to time, Franchisee shall immediately notify Franchisor in writing of such discrepancy. In the event of any conflict or ambiguity, Franchisor's determination and/or resolution made by Franchisor, in writing, and, specifically with regard to the presented conflict or ambiguity, shall be determinative as between Franchisor and Franchisee and the operations of the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, a franchisee must comply with specific 'Anti-Terrorism Laws' to avoid potential termination of their franchise agreement. These laws include Executive Order 13224 issued by the President of the United States and the USA PATRIOT Act. Additionally, franchisees must adhere to all other present and future federal, state, and local laws, ordinances, regulations, policies, lists, and any other requirements from governmental authorities that address or relate to terrorist acts and acts of war.
To ensure compliance, Casiola requires that franchisees and their owners certify, represent, and warrant that their property and interests are not subject to being "blocked" under any of the Anti-Terrorism Laws. They must also certify that they are not listed on the Annex to Executive Order 13244, which is available on the U.S. Department of the Treasury's website, and agree not to hire or deal with anyone listed on that annex. Franchisees are obligated to immediately notify Casiola if they or any of their owners become listed.
Failure to comply with these laws or becoming listed on the Annex to Executive Order 13244 can result in immediate termination of the franchise agreement by Casiola without prior notice. Franchisees are also required to report any conflicts or discrepancies between their obligations under these anti-terrorism provisions and Casiola's standards or specifications as outlined in the franchise agreement, operations manual, or other communications from Casiola. In case of any conflict or ambiguity, Casiola's written determination will be the deciding factor.