What is the definition of 'Franchisor' in the context of the Clean Your Dirty Face franchise agreement?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
Consent to Collateral Assignment to Franchisor; Disclaimer. Landlord acknowledges that Tenant intends to operate a CYDF Facial Bar (a "Business") in the Premises, and that Tenant's rights to operate a Business and to use the CYDF name, trademarks and service marks (the "Marks") are solely pursuant to a franchise agreement ("Franchise Agreement") between Tenant and Mud Franchising, LLC ("Franchisor"). Tenant's operations at the Premises are independently owned and operated. Landlord acknowledges that Tenant alone is responsible for all obligations under the Lease unless and until Franchisor or another franchise expressly, and in writing, assumes such obligations and takes actual possession of the Premises. Notwithstanding any provisions of this Lease to the contrary, Landlord hereby consents, without payment of a fee and without the need for further Landlord consent, to (i) the collateral assignment of Tenant's interest in this Lease to Franchisor to secure Tenant's obligations to Franchisor under the Franchise Agreement, and/or (ii) Franchisor's succeeding to Tenant's interest in the Lease as a result of Franchisor's exercise of rights or remedies under such collateral assignment or as a result of Franchisor's termination of, or exercise of rights or remedies granted in or under, any other agreement between Franchisor and Tenant, and/or (iii) Tenant's, Franchisor's and/or any other franchisee of Franchisor's assignment of the Lease to another franchisee of Franchisor with whom Franchisor has executed its then-standard franchise agreement. Landlord, Tenant and Franchisor agree and acknowledge that simultaneously with such assignment pursuant to the immediately preceding sentence, Franchisor shall be released from all liability under the Lease or otherwise accruing after the date of such assignment (in the event Franchisor is acting as the assignor under such assignment), but neither Tenant nor any other franchisee shall be afforded such release in the event Tenant/such franchisee is the assignor unless otherwise agreed by Landlord. Landlord further agrees that all u
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, the term 'Franchisor' is explicitly defined within the context of several agreements and clauses. Mud Franchising, LLC, is identified as the Franchisor in the franchise agreement. The agreement outlines the franchisor's role in granting rights to franchisees for operating a Clean Your Dirty Face facial bar.
The Franchisor's rights and obligations are further detailed in relation to the franchisee's operation of the Clean Your Dirty Face location. For instance, the franchisor's consent is required for any modifications to the lease agreement, and the franchisor has the right to access the franchisee's confidential information. The franchisor also provides the standards, specifications, and procedures for the Clean Your Dirty Face franchise system.
Furthermore, the FDD states that the franchisor can grant a collateral assignment of the lease to secure the franchisee's obligations. This means that Clean Your Dirty Face retains certain rights and control over the franchise operations, brand standards, and the franchisee's adherence to the franchise agreement. Prospective franchisees should understand that the franchisor has a significant role in overseeing and maintaining the standards of the Clean Your Dirty Face brand.