factual

Who is included in the references to 'we,' 'us,' and 'our' in the Cicis franchise agreement?

Cicis Franchise · 2025 FDD

Answer from 2025 FDD Document

References in this Agreement to "we," "us," and "our," with respect to all of our rights and all of your obligations to us under this Agreement, include any of our Affiliates with whom you deal. The term "Affiliate" means any person or entity directly or indirectly owned or controlled

by, under common control with, or owning or controlling you or us. "Control" means the power to direct or cause the direction of management and policies. "Including" means "including, without limitation."

Source: Item 23 — RECEIPTS (FDD pages 65–263)

What This Means (2025 FDD)

According to Cicis's 2025 Franchise Disclosure Document, the terms "we," "us," and "our" in the franchise agreement extend beyond just the franchisor itself. These terms also encompass any of Cicis's Affiliates with whom the franchisee deals.

For a prospective franchisee, this means that the rights Cicis retains and the obligations the franchisee owes under the agreement apply not only to the franchisor company but also to its Affiliates if the franchisee interacts with them. An "Affiliate" is defined as any person or entity directly or indirectly owned or controlled by, under common control with, or owning or controlling either the franchisee or Cicis. "Control" is further defined as the power to direct or cause the direction of management and policies.

This broad definition is important because it expands the scope of the agreement. Franchisees need to understand that Cicis can enforce the franchise agreement through its Affiliates, and the franchisee's dealings with those Affiliates are subject to the same terms and conditions as their dealings with Cicis itself. This could include entities providing services, supplies, or support to the franchise system.

The FDD also clarifies that "Including" means "including, without limitation." This indicates that the examples or instances provided are not exhaustive, and other situations or entities could also fall under the scope of the definitions provided. Franchisees should seek clarification from Cicis regarding which specific entities are considered Affiliates to fully understand the implications of this clause.

Disclaimer: This information is extracted from the 2025 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.