Does the Cinnaholic Internet Listing Agreement affect the provisions of the Franchise Agreement?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.6 Effect on Other Agreements. Except as otherwise provided in this Internet Listing Agreement, all provisions of the Franchise Agreement and exhibits and schedules thereto shall remain in effect as set forth therein.
Source: Item 23 — RECEIPT (FDD pages 62–269)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the Internet Listing Agreement generally does not alter the Franchise Agreement. The terms and conditions outlined in the Franchise Agreement remain in full effect, except as explicitly stated otherwise within the Internet Listing Agreement itself.
Specifically, Section 3.6 of the Internet Listing Agreement states that all provisions of the Franchise Agreement and its associated exhibits and schedules remain in effect as originally written. This implies that the Internet Listing Agreement is designed to work in conjunction with the Franchise Agreement, rather than to supersede or replace it.
However, the Internet Listing Agreement does address the franchisee's obligations regarding Internet Web Sites and Listings upon termination of the Franchise Agreement. Upon termination or at Cinnaholic's request, the franchisee must transfer all rights and interests in their Internet Web Sites and Listings to Cinnaholic. This transfer includes domain names, HTML, URL addresses, and hyperlinks related to the bakery or Cinnaholic's trademarks.
Furthermore, Cinnaholic is granted power of attorney to act on behalf of the franchisee to ensure the transfer or termination of these Internet Web Sites and Listings. This power of attorney is irrevocable until the franchisee has fulfilled all obligations under the Franchise Agreement and any other related agreements, including the Internet Listing Agreement. This ensures Cinnaholic maintains control over its brand's online presence, even after a franchise agreement ends.