What agreement is the Rider annexed to and considered a part of for a Cool Binz franchise?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
This is a Rider to the Franchise Agreement which is being executed concurrently with this Rider, between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Rider and the terms of the Franchise Agreement, the terms of this Rider shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
1. BACKGROUND.
We and you are parties to that certain Franchise Agreement that has been signed concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, the Rider is annexed to and forms a part of the Franchise Agreement. This is explicitly stated in the addenda for Minnesota, North Dakota, and Maryland.
The addenda also clarify that if there are conflicting terms between the Rider and the Franchise Agreement, the terms of the Rider will take precedence and supersede the Franchise Agreement. Any terms that are not specifically defined within the Rider will carry the same meanings as they do in the Franchise Agreement. Furthermore, any references to sections and paragraphs will refer to those within the Franchise Agreement, unless explicitly stated otherwise in the Rider.
Prospective Cool Binz franchisees should pay close attention to these addenda, as they modify the original Franchise Agreement and may include specific legal protections or requirements depending on the franchisee's state. It is important to understand how these Riders alter the terms of the Franchise Agreement and to seek legal counsel to fully comprehend the implications.