Can the Cicis franchisor enforce the Lease Rider?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent permitted under applicable law, Franchisor is a third-party beneficiary of all of the rights and privileges set forth in this Rider, and it is intended by Landlord and Tenant that Franchisor will be entitled to enforce this Rider, provided, however, Franchisor does not assume any duties, obligations, or liabilities under this Rider or the Lease unless agreed to in writing by Franchisor.
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- The Premises may be used only for the purpose of operating a CiCi's restaurant, with the ancillary carry-out food service, curbside pickup and use of video games and vending machines and for no other purpose. Franchisee may operate CiCi's Restaurants at any other location without Landlord's approval.
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- Franchisor, its personnel or agents, for a period of up to thirty (30) days after the expiration or sooner termination of the Lease or the Franchise Agreement, may enter the Premises for itself or on behalf of Franchisee to de-identify the Premises as a Restaurant, which may include the removal of signs, decor and materials displaying any marks, designs or logos owned by Franchisor or its affiliates. This right includes the right to remove exterior signs and awnings from the Premises and any Shopping Center pylon or monument sign, interior signs, decor items, and materials displaying any marks, designs, or logos owned by Franchisor and all other items identifying the Premises as a Cicis Restaurant. In addition, Franchisor may make such other modifications (such as repainting) as are reasonably necessary to protect the Cicis system signs, marks, and intellectual property rights.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the Lease Rider is designed to give Cicis certain rights and protections related to the franchisee's lease agreement. The Lease Rider is attached to the lease between the landlord and the franchisee, and it contains provisions that supersede any conflicting terms in the lease. As a third-party beneficiary, Cicis has the right to enforce the Lease Rider, ensuring that the premises are used only for operating a Cicis restaurant and protecting Cicis's brand and intellectual property.
The Lease Rider includes specific provisions that Cicis can enforce. For example, Cicis has the right to enter the premises for up to 30 days after the lease termination to de-identify the location as a Cicis restaurant, including removing signs and logos. Additionally, Cicis has the right to approve the franchisee's lease and ensure that it includes the Lease Rider. The landlord is also required to provide Cicis with copies of any modifications or amendments to the lease.
Furthermore, Cicis has the option to cure any breach of the lease by the franchisee and, in such cases, can remove the franchisee from the premises, perform the terms of the lease for up to six months, or assume the lease entirely. These rights provide Cicis with significant control over the leased premises and the franchisee's operation, allowing Cicis to protect its interests and maintain brand consistency. Therefore, Cicis can enforce the Lease Rider to ensure compliance with these provisions and protect its rights as a franchisor.