What does 'we,' 'us,' and 'our' refer to in the Cool Binz agreement?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
Following your evaluation of the System, you have expressed to us your desire to obtain the right to develop, own, and be franchised to operate a COOL BINZ Business.
This Agreement governs the ongoing relationship between you and us.
B. DEFINITIONS AND ACRONYMS.
The following terms which are used in this Section and throughout this Agreement are defined as follows:
Affiliate: any person or entity directly or indirectly owned or controlled by, under common control with, or owning or controlling you or us. For purposes of this definition, "control" means the power to direct or cause the direction of management and policies.
COOL BINZ Affiliates: A collective reference for COOL BINZ franchisee(s), Company Store(s), us and/or COOL BINZ North America, LLC ("CBNA").
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the terms 'we,' 'us,' and 'our' refer to COOL BINZ North America, LLC ('CBNA'). This is the entity that grants the franchise to operate a Cool Binz business. Understanding this definition is crucial for interpreting the Franchise Agreement, as it clarifies which entity is making commitments, imposing obligations, and retaining rights throughout the document. The Franchise Agreement governs the ongoing relationship between the franchisee and Cool Binz.
As the franchisor, Cool Binz has specific rights, such as the right to terminate the agreement under certain conditions, as well as the right to receive payments and reports from the franchisee. Cool Binz also provides guidance and support to franchisees, including access to information, new products and services, and advertising programs. The franchisor maintains Operations Manuals and System Standards that franchisees must adhere to, and may modify these standards periodically to reflect changes in the Cool Binz system.
Cool Binz also outlines the independent contractor relationship between the franchisee and the company, stating that franchisees are not deemed employees of Cool Binz for any purpose. This distinction is important for legal and financial reasons, as it clarifies that franchisees are responsible for their own insurance, taxes, and employee management. The franchisee must identify themselves as the owner of the Cool Binz business operating under a franchise agreement, reinforcing the independent nature of the relationship.