What documents outline the terms and conditions for the sale of PAR equipment for a Dq Treat franchise?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. PAR Equipment Terms and Conditions of Sale, Subscription Software Services Terms and Conditions and PARPay Terms and Conditions. Participating Location and PAR acknowledges and agrees to be bound by the Terms and Conditions of Sale attached to this Agreement as Schedule A (including the terms and conditions of the Installation Services set forth on Schedule A-1) and incorporated into and made a part of this Agreement (the "Equipment T&C of Sale"), the Subscription Software Services Terms and Conditions attached to this Agreement as Schedule B and incorporated into and made a part of this Agreement (the "SaaS T&C"), and the PARPay Service Terms and Conditions attached to this Agreement as Schedule C and incorporated into and made a part of this Agreement ("PARPay Service T&C").
- 2. PAR Sales Order for Equipment, Subscription Software Services and Services. Participating Location and PAR acknowledges and agrees to be bound by the final executed Sales Order for Equipment, Subscription Software Services and Services, which is incorporated into and made a part of this Agreement by reference (the "Sales Order"). A copy of a sample Sales Order is attached to this Agreement as Schedule D, along with Schedule D-1 Standard Dairy Queen Configurations for Participating Location's reference.
- 3. Master Hardware and Software Agreement with Dairy Queen. Participating Location acknowledges that: PAR and American Dairy Queen Corporation ("Dairy Queen") have negotiated a Master Hardware and Software Agreement (the "Master Agreement") to cover the acquisition and use of PAR Equipment, delivering of Services, and the license of Subscription Software Services by Dairy Queen and its franchisees, including Participating Location. Upon expiration of the Master Agreement or termination of the Master Agreement for convenience by Dairy Queen, at Participating Location's option, this Participation Agreement will terminate (subject to payment of all remaining payments for Equipment and Installation Services purchased under any financing agreement, or payable under any Conversion Letter, if applicable) or continue until the expiration of the current term of this Participation Agreement, as applicable, subject to a Transition Period agreed to by PAR and Dairy Queen. Upon termination of the Master Agreement for any reason other than for convenience, this Participation Agreement will terminate, subject to a twelve (12) month Transition Period agreed to by PAR and Dairy Queen and payment of all remaining payments for Equipment and Installation Services under any financing agreement or payable under any Conversion Letter, if applicable.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, the terms and conditions for the sale of PAR equipment are outlined in several documents. These include the PAR Equipment Terms and Conditions of Sale, which is attached to the Participation Agreement as Schedule A, referred to as the "Equipment T&C of Sale." This schedule also incorporates the terms and conditions for installation services in Schedule A-1.
The Sales Order for Equipment, Subscription Software Services, and Services also binds both the Participating Location and PAR. This order is incorporated into the agreement by reference, and a sample Sales Order is included as Schedule D, along with Schedule D-1, which provides standard Dairy Queen configurations for the Participating Location's reference.
Additionally, Dq Treat franchisees should be aware of the Master Hardware and Software Agreement between PAR and American Dairy Queen Corporation. This agreement covers the acquisition and use of PAR Equipment, the delivery of services, and the license of Subscription Software Services by Dairy Queen and its franchisees. The Participation Agreement will either terminate or continue based on the status and termination conditions of this Master Agreement, subject to certain transition periods and payment obligations.