What is the definition of 'Upgrades' in the context of a Cd One Price Cleaners franchise renewal agreement?
Cd_One_Price_Cleaners Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges its obligation pursuant to the Former Agreement to remodel the Store, replace improvements and operating assets, and otherwise modify the Store to bring it into compliance with the Operating Plans applicable to newly-constructed CD Stores at the time of signing the Franchise Agreement.
Attached as Exhibit A is the list of repairs, improvements and refurbishments for the Store that Franchisor required as a condition to its granting Franchisee a renewal or successor franchise under the Franchise Agreement (collectively, the "Upgrades").
Without limiting Franchisor's other rights and remedies under New Franchise Agreement, Franchisee agrees to perform the Upgrades at the Store in accordance with the Franchise Agreement, to the extent they were not so completed as of the Effective Date, on or before the dates listed on Exhibit A.
Franchisee agrees that its obligations under this Section 2 are independent of, and not subject to, the provisions of Section 6.6 of the Franchise Agreement, and nothing in this Section 2 shall limit
Source: Item 23 — Receipts (FDD pages 72–263)
What This Means (2025 FDD)
According to Cd One Price Cleaners' 2025 Franchise Disclosure Document, 'Upgrades' in the context of a renewal agreement refers to a specific list of repairs, improvements, and refurbishments that the franchisor requires as a condition for granting a renewal or successor franchise. These upgrades are detailed in Exhibit A of the renewal addendum.
Specifically, the franchisee acknowledges their obligation from the previous agreement to remodel the store, replace improvements and operating assets, and modify the store to meet the standards of newly constructed Cd One Price Cleaners locations at the time of signing the new franchise agreement. The upgrades are a prerequisite for the renewal and must be completed by the dates listed in Exhibit A.
The franchisee's obligation to perform these upgrades is independent of other sections of the franchise agreement, meaning that Cd One Price Cleaners' right to enforce Section 6.6 of the Franchise Agreement during the term is not limited by the upgrade requirements. This ensures that the franchisor can still enforce ongoing operational standards separately from the specific upgrades required for renewal.