factual

What is the definition of 'Location' for a Chocolate Fish Coffee franchise?

Chocolate_Fish_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

udio, and video systems), payment acceptance systems, and internet access, as well as upgrades, supplements, and modifications thereto), uniforms, and vehicles.

"Territory" means the territory stated on the Location Acceptance Letter.

"Transfer" means for Franchisee (or any Owner) to voluntarily or involuntarily transfer, sell, or dispose of, in any single or series of transactions, (i) substantially all of the assets of the Business, (ii) this Agreement, (iii) any direct or indirect ownership interest in the Business, or (iv) control of the Business.

ARTICLE 2. GRANT OF LICENSE

  • 2.1 Grant. Chocolate Fish Franchising grants to Franchisee the right to operate a Chocolate Fish Coffee business solely at the Location. If no Location is stated on the Summary Page when this Agreement is signed, then the parties will determine the Location in accordance with Section 6.1. Franchisee shall develop, open and operate a Chocolate Fish Coffee business at the Location for the entire term of this Agreement.
  • 2.2 Protected Territory. Chocolate Fish Franchising shall not establish, nor license the establishment of, another business within the Territory selling the same or similar goods or services under the same or similar trademarks or service marks as a Chocolate Fish Coffee business. Chocolate Fish Franchising retains the right to:
    • (i) establish and license others to establish and operate Chocolate Fish Coffee businesses outside the Territory, notwithstanding their proximity to the Territory or their impact on the Business;
    • (ii) operate and license others to operate businesses anywhere that do not operate under the Chocolate Fish Coffee brand name;

Source: Item 23 — RECEIPTS (FDD pages 41–119)

What This Means (2024 FDD)

According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the 'Location' is the specific site where the franchisee is authorized to operate their Chocolate Fish Coffee business. Chocolate Fish Franchising grants the franchisee the right to operate solely at this designated location. The Franchise Agreement stipulates that the franchisee must develop, open, and operate their Chocolate Fish Coffee business at the Location for the entire term of the agreement.

If the specific Location is not identified on the Summary Page of the Franchise Agreement when it is initially signed, the process for determining the Location will be governed by Section 6.1 of the agreement. This highlights the importance of clearly defining the Location, as it is the only place the franchisee is authorized to operate.

The Location is further formalized through a Location Acceptance Letter, issued by Chocolate Fish Franchising, which specifies the exact location of the business. This letter is issued in accordance with Section 6.1 of the Franchise Agreement, reinforcing the legal and operational significance of the Location. The Territory, which defines the franchisee's protected area, is also specified in this letter, distinguishing it from the Location itself.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.