If a term is capitalized but not defined in the Chicken Guy Addendum, where can its meaning be found?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
ll have the effect of (i) waiving any claims
under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
8. Miscellaneous. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same agreement.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)
What This Means (2025 FDD)
According to the 2025 Chicken Guy FDD, if a capitalized term is used in the Addendum but not specifically defined within that document, the meaning of the term can be found in the Development Agreement or the Franchise Agreement, depending on the addendum. For franchisees in Maryland and New York, the definition is located in the Franchise Agreement. For franchisees in North Dakota, Illinois and Minnesota, the definition is located in the Development Agreement.
This means that prospective Chicken Guy franchisees need to be familiar with both the Addendum and the relevant agreement (either the Development Agreement or Franchise Agreement) to fully understand their rights and obligations. Capitalized terms often denote specific, legally significant definitions, so understanding these terms is crucial for interpreting the agreement correctly.
It is important for potential Chicken Guy franchisees to carefully review both the Addendum and the corresponding agreement, paying close attention to the definitions of capitalized terms. If there is any ambiguity or uncertainty, franchisees should seek clarification from Chicken Guy or consult with a legal professional before signing the agreement. This will help ensure they have a clear understanding of the contractual terms and their implications.