According to the Cinnabon franchise agreement, what does the term 'Agreement' include?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
Lessee has entered into a franchise agreement, including an SRU Addendum (collectively, the "Franchise Agreement") with Cinnabon Franchisor SPV LLC ("Franchisor") for the operation of a Cinnabon® bakery (the "Bakery") located at «location
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to the 2025 Cinnabon Franchise Disclosure Document, the definition of 'Agreement' can vary based on the specific context. In some instances, the 'Franchise Agreement' includes addenda, such as an SRU (Satellite Retail Unit) Addendum. This indicates that the core agreement can be modified or expanded upon through additional documents that are then considered part of the overall agreement.
In the context of amendments to the Franchise Agreement, specific sections of the agreement can be modified or replaced, and these changes become part of the 'Agreement.' For example, sections related to the grant of franchise, net sales, or additional terms can be amended, and the amended terms are then incorporated into the agreement. This ensures that the agreement remains current and reflects any changes in the relationship between Cinnabon and the franchisee.
For co-branded locations, the 'Agreement' also encompasses considerations related to the co-branding arrangement. This includes ensuring that the franchisee and owners are identical under both the Cinnabon Franchise Agreement and the Co-Branded Agreement with the other franchise (e.g., Carvel). This alignment is crucial for maintaining consistency and compliance across both franchise operations. The agreement also specifies how the businesses will be co-branded and identified, ensuring a unified brand presence.
Furthermore, in agreements related to leasing a Satellite Retail Unit (SRU), the term 'Agreement' refers to the lease agreement between the lessee and the lessor. This agreement outlines the terms and conditions for leasing the SRU, including aspects such as indemnification, ownership, assignment, and notices. It's important to note that the Franchise Agreement and any other agreements with the lessor are also relevant in this context, as a default under any of these agreements can have implications for the SRU lease agreement.