factual

What is the term used to refer to the 'Franchisor' in the City Wide addendum?

City_Wide Franchise · 2025 FDD

Answer from 2025 FDD Document

Subject to all the terms and conditions contained in this Agreement, CITY WIDE grants Franchisee the exclusive right and license to operate a Franchised Business using the System, Software (as defined in Section 11), and Marks solely in the territory ("Designated Territory") as outlined in Attachment B, which is attached to and made a part of this Agreement by reference. Franchisee accepts such right and license, subject to such terms and conditions, and agrees to operate the Franchised Business and to use the System, Software and Marks solely in connection with the Franchised Business.

  • 1.2 So long as this Agreement is in force and effect and Franchisee is not in material default under any of its terms, Franchisee will have the exclusive right to operate a Franchised Business in the Designated Territory. Other than in the Designated Territory described in Attachment B, CITY WIDE may itself operate or license to others the right to operate Franchised Businesses utilizing the System and the Marks.

CITY WIDE or its Representative will have the right at all reasonable times to examine and copy, at its expense, the books, records, and tax returns of Franchisee's subcontractors.

Any overpayment of any amounts by Franchisee to CITY WIDE discovered by such inspection will be credited by CITY WIDE against future amounts payable by Franchisee to CITY WIDE under this Agreement.

In addition to CITY WIDE's right to terminate this Agreement, and not in lieu of such right or any other rights against Franchisee, if Franchisee has not cured a default under this Agreement within the time allotted by CITY WIDE after receipt of the Notice to Cure from CITY WIDE, CITY WIDE may, at its option, enter the premises of the Franchised Business and exercise complete authority with respect to its operation until such time as CITY WIDE determines that Franchisee's default has been cured and that there is compliance with the requirements of this Agreement.

Franchisee further agrees that if, as herein provided, CITY WIDE temporarily operates for Franchisee the business franchised herein, Franchisee will indemnify and hold harmless CITY WIDE and any Representative of CITY WIDE who may act hereunder, respecting any and all acts and omissions which CITY WIDE may perform, or fail to perform as regards the interests of Franchisee or third parties.

  • 19.3 Franchisee will defend at Franchisee's own cost and indemnify and hold harmless CITY WIDE, its general partners (if ever any) and their shareholders, directors, officers, employees and agents, from and against any and all loss, costs, expenses (including, without limitation, reasonable accountants', attorneys' and expert witness fees, costs of investigation and proof of facts, court costs and other litigation expenses and travel and living expenses), damages and liabilities, however caused, resulting directly or indirectly from or pertaining to the use, condition, or construction, equipping, decorating, maintenance or operation of the Franchised Business, including the sale of any service sold from the Franchised Business and violation of Privacy Laws.

  • 19.4 CITY WIDE will not, by virtue of any approvals, advice or services provided to Franchisee, assume responsibility or liability to Franchisee or any third parties to which CITY WIDE would not otherwise be subject.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to the 2025 City Wide Franchise Disclosure Document, the term used to refer to the franchisor in the addendum is "CITY WIDE". This is explicitly stated in several sections of Item 22, Contracts, where the rights, obligations, and actions of "CITY WIDE" are detailed in relation to the franchisee. For example, CITY WIDE grants the franchise, can operate or license businesses outside the franchisee's territory, and has inspection rights regarding franchisee records.

This designation is important for franchisees as it clarifies the legal entity they are contracting with and the entity responsible for upholding the franchisor's obligations under the franchise agreement. The document consistently uses "CITY WIDE" when outlining the franchisor's rights, such as the right to enter and operate the franchised business under certain conditions, or when referring to actions the franchisor may take, such as crediting overpayments or requiring access to subcontractor records.

Understanding this terminology is crucial for interpreting the franchise agreement and any addenda, as it clearly identifies which party holds specific rights or responsibilities. Franchisees should pay close attention to all sections referencing "CITY WIDE" to fully understand their relationship with the franchisor and the franchisor's potential actions or requirements during the franchise term.

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.