In the Cicis Renewal Addendum to Franchise Agreement, what is the 'Effective Date' defined as?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
This RENEWAL ADDENDUM TO FRANCHISE AGREEMENT (this "Addendum") is made and entered into 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 undersigned Franchisee ("you"), as of the date on which we execute this Addendum (the "Effective Date").
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the Effective Date in the Renewal Addendum to Franchise Agreement is defined as the date on which Cicis executes the addendum. This date marks the point when the terms of the addendum become operative and legally binding.
For a prospective Cicis franchisee, understanding the Effective Date is crucial because it signifies the commencement of the renewed franchise agreement. From this date forward, the franchisee's operation of the restaurant will be governed by the terms and conditions outlined in the new franchise agreement, as amended by the addendum. This includes any modifications to obligations, such as those related to restaurant development or training requirements.
Furthermore, the Effective Date also has implications for the expiration of the original franchise agreement. As of the Effective Date, the original agreement expires, and the new agreement takes precedence. However, certain obligations from the original agreement that are designed to survive termination, such as indemnification, may still apply. Cicis also waives the franchisee's obligation to satisfy post-term obligations as long as the franchisee continues to operate the restaurant after the original agreement's expiration.
In essence, the Effective Date serves as a clear marker for the transition from the original franchise agreement to the renewed agreement, highlighting the importance of understanding the terms and conditions that come into effect at that time. Franchisees should pay close attention to this date and ensure they are fully aware of their rights and responsibilities under the new agreement.