What is the definition of 'Franchise Agreement' in the context of the Cicis Lease Rider?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee has executed or intends to execute a Franchise Agreement (the "Franchise Agreement") with On Smile LLC, a Delaware limited liability company (along with any successor franchisor of CiCi's restaurants ("Franchisor"), for the operation of a CiCi's restaurant ("Restaurant") at the Premises, and as a requirement thereof, the Lease must include the provisions contained in this Rider; and
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the Lease Rider included as Attachment C to the Franchise Agreement references the 'Franchise Agreement' as an agreement between the franchisee and On Smile LLC (the franchisor). This agreement grants the franchisee the right to operate a Cicis restaurant at a specific location, contingent upon the lease including the provisions outlined in the Lease Rider. The Lease Rider ensures that the landlord acknowledges the relationship between the franchisee and Cicis.
The Lease Rider specifies that the terms within it supersede any conflicting terms in the lease. This is crucial for protecting Cicis's interests, as it ensures that the franchisee's obligations to Cicis, as defined in the Franchise Agreement, are upheld in the lease agreement. For example, Cicis retains the right to enter the premises to de-identify it as a Cicis restaurant after the lease or franchise agreement terminates.
Furthermore, the effectiveness of the lease is contingent upon Cicis's approval of the premises and the lease form. This provision allows Cicis to maintain control over the locations of its franchises and ensure that the lease terms align with its brand standards and operational requirements. The franchisee must adhere to the terms of the Franchise Agreement, and the Lease Rider serves as a mechanism to integrate those obligations into the lease with the landlord.