factual

How does the Cinnaholic Telephone Listing Agreement affect the provisions of the Franchise Agreement?

Cinnaholic Franchise · 2025 FDD

Answer from 2025 FDD Document

------------------------------------------------------------------------------------------------------------|---------| | and | | | entered | | | into | | | as | | | of | | | the | | | | | | day | | | of | | | | | | 20 | | | (the | | | "Effective | | | Date"), | | | by | | | and | | | CINNAHOLIC FRANCHISING, LLC, a | | | Georgia Limited | | | Liability | | | Company | | | (the "Franchisor"), and | | | (the "Franchisee"). | | | | |

W I T N E S S E T H:

WHEREAS, Franchisee desires to enter into a CINNAHOLIC FRANCHISING, LLC Franchise Agreement (the "Franchise Agreement"); and

WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Internet Listing Agreement;

NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. DEFINITIONS

All terms used but not otherwise defined in this Internet Listing Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.

2. TRANSFER; APPOINTMENT

  • 2.1 Interest in Internet Web Sites and Listings. Franchisee may acquire (whether in accordance with or in violation of Section 15.2 of the Franchise Agreement) during the term of the Franchise Agreement, certain right, title, and interest in and to certain domain names, hypertext markup language, uniform resource locator addresses, and access to corresponding Internet web sites, and the right to hyperlink to certain web sites and listings on various Internet search engines (collectively, the "Internet Web Sites and Listings") related to the Bakery or the Marks (all of which right, title, and interest is referred to herein as "Franchisee's Interest").
  • 2.2 Transfer. On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately direct all Internet Service Providers, domain name registries, Internet search engines, and other listing agencies (collectively, the "Internet Companies") with which Franchisee has Internet Web Sites and Listings: (i) to transfer all of Franchisee's Interest in such Internet Web Sites and Listings to Franchisor;

Source: Item 23 — RECEIPT (FDD pages 62–269)

What This Means (2025 FDD)

According to Cinnaholic's 2025 Franchise Disclosure Document, the Telephone Listing Agreement is closely tied to the Franchise Agreement. Cinnaholic would not enter into the Franchise Agreement without the franchisee's agreement to comply with all terms and provisions of the Telephone Listing Agreement. This highlights the importance Cinnaholic places on controlling brand representation in telephone listings.

Specifically, the Telephone Listing Agreement outlines the franchisee's rights and responsibilities regarding telephone numbers and directory listings related to the Cinnaholic bakery. The franchisee will acquire an interest in these telephone listings during the term of the Franchise Agreement. Upon termination of the Franchise Agreement, the franchisee is obligated to transfer all rights and interests in the telephone numbers and listings to Cinnaholic. If Cinnaholic does not want the numbers and listings, the franchisee must terminate them.

However, the Franchise Agreement remains primarily in effect. Except as otherwise provided in the Telephone Listing Agreement, all provisions of the Franchise Agreement and its exhibits and schedules remain in full effect. The Telephone Listing Agreement also survives the termination of the Franchise Agreement, meaning that even after the franchise relationship ends, certain obligations related to telephone listings continue. This ensures Cinnaholic maintains control over its brand representation even after a franchise ceases operation. All obligations of the franchisee under the Telephone Listing Agreement are joint and several.

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.