Does the Cicis franchise agreement allow for unilateral changes by the franchisor?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
esentations and Acknowledgement Statement |
FRANCHISE AGREEMENT
This Franchise Agreement ("Agreement") is made as of the Effective Date identified on Attachment A hereto by and between On Smile LLC, a Delaware limited liability company whose address is 13355 Noel Road, Suite 1645, Dallas, TX 75240 ("us"), and the Person (as defined below) identified as the "Franchisee" on Attachment A ("you").
RECITALS
- A. We grant franchises for the development, ownership, and operation of restaurants (each, a "Cicis Restaurants") that are identified by and use names, trademarks, service marks, commercial symbols, and trade dress (including exterior and interior designs, décor, and color schemes) that we authorize, from time to time (collectively, the "Marks"), and that feature foods (currently pizza, pastas, salads, desserts, and other food items) and related items. Cicis Restaurants are developed and operated using specified systems, operating platforms, service methods, products and services, we and our affiliates may, at our and their option, change, delete, improve, and further develop from time to time (the "System"). There are two types of Cicis Restaurants: (i) dine-in buffet restaurants ("Cicis Buffet Restaurants"), and (ii) take-out/delivery only restaurants ("Cicis To Go Restaurants").
- B. You and, if applicable, your Owners have requested that we grant you a license to use the System to develop and own a Cicis Restaurant and, in support of your request, have provided us with certain supporting materials (the "Application Materials"). We are willing to grant your request on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of their respective undertakings and commitments set forth herein, the receipt and sufficiency of which are acknowledged, you and we agree as follows:
AGREEMENT
1. GRANT
A. Grant of Rights.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Cicis retains the right to make certain unilateral changes to the franchise agreement. Specifically, Cicis can modify the System used in the restaurants, including changes to the food items offered, operating platforms, and service methods. This means Cicis franchisees must adapt to changes that Cicis implements to the brand's standards.
Furthermore, the lease agreement contains a clause that grants Cicis the authority to diminish or extend the tenant's business hours, regardless of any designated Shopping Center business hours. Initially, these hours are Sunday to Thursday from 11:00 a.m. to 10:00 p.m., and Friday/Saturday from 11:00 a.m. to 11:00 p.m. This gives Cicis significant control over the franchisee's operating schedule, potentially impacting revenue and staffing needs.
However, the franchise agreement also states that, with the exception of changes permitted to be made unilaterally, no amendment, change, or variance from the agreement will be binding on either party unless mutually agreed to and executed in writing. This clause provides some protection to the franchisee, ensuring that significant changes to the core agreement require their consent. Prospective franchisees should carefully consider the scope of changes Cicis can make unilaterally and how those changes could affect their business operations and profitability.