What section of the Development Rights Agreement is modified by this Rider for Cd One Price Cleaners?
Cd_One_Price_Cleaners Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. The provisions of this Rider will supersede and control any conflicting provisions of the Lease.
- c. Landlord acknowledges that Franchisor is not a party to, and has no liability or responsibility under, the Lease unless and until the Lease is assigned to, and assumed by, Franchisor.
- d. Tenant and Landlord acknowledge that Franchisor is an intended thirdparty beneficiary of this Rider's terms with an independent right to enforce them against Tenant and Landlord.
- e. Those parts of the Lease that are not expressly modified by this Rider remain in full force and effect.
Source: Item 23 — Receipts (FDD pages 72–263)
What This Means (2025 FDD)
According to the 2025 FDD, the Rider modifies the Lease agreement, not the Development Rights Agreement for Cd One Price Cleaners. Specifically, the Rider's provisions will take precedence over any conflicting provisions within the Lease. This means that if there's a disagreement between the terms of the Rider and the Lease, the Rider's terms will be the ones that are enforced.
Cd One Price Cleaners, as the franchisor, is not a party to the Lease and therefore has no liability or responsibility under it unless the Lease is assigned to and assumed by them. However, the landlord and tenant acknowledge that Cd One Price Cleaners is an intended third-party beneficiary of the Rider's terms. This gives Cd One Price Cleaners the independent right to enforce the Rider's terms against both the tenant (franchisee) and the landlord.
It's important to note that only specific parts of the Lease are modified by this Rider. Any sections of the Lease not expressly changed by the Rider remain fully effective. This ensures that the entire Lease isn't invalidated, only those parts that directly conflict with the Rider's terms. This type of arrangement is common in franchising to protect the franchisor's interests in the leased property where a franchise will operate.