For Dq Treat locations participating in the program, what sections of the standard agreement are included in the Participation Agreement?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW THEREFORE, in consideration of the promises contained in this Participation Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participating Location and Punchh agree as follows:
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- Incorporation of the Agreement. This Participation Agreement is entered into under the provisions of the Agreement, and except as provided in this Participation Agreement or as specified in the Agreement, all of the terms and conditions of the Agreement, as may be amended in a writing signed by Punchh and Customer (for clarity, Participating Locations are not permitted to request or make amendments to the Agreement) and as specifically referenced in Section 4 below, are incorporated into this Participation Agreement by this reference, as if fully set forth herein. Except as specifically set forth hereunder, Participating Location hereby agrees to be bound by terms and conditions (including obligations of "Customer" therein) of the Agreement, as if Participating Location was a signatory to the Agreement (and as such Punchh shall have all rights against the undersigned as if the undersigned was Customer pursuant to the Agreement). For clarification, while Participating Location agrees to be bound by terms and conditions of the Agreement, a Participating Location is not equivalent to Customer and Customer retains all rights accruing to it in the Agreement, including any ownership rights in Section 7 (Ownership) and Section 8 (Data). In the event of any inconsistency between the terms of this Participation Agreement and the Agreement, the Agreement shall control as to the subject matter of this Participation Agreement. Capitalized terms used in this Participation Agreement, to the extent not otherwise defined in this Participation Agreement, shall have the meanings ascribed in the Agreement.
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 the 2025 Dq Treat FDD, the Participation Agreement incorporates terms and conditions from the main agreement between Punchh (a technology platform) and the Customer (DQ GC Inc.). Specifically, all terms and conditions of the Agreement, as amended in writing by Punchh and Customer, are included in the Participation Agreement, as referenced in Section 4.
Participating Dq Treat locations agree to be bound by these terms and conditions as if they were signatories to the main agreement. However, the FDD clarifies that Participating Locations are not equivalent to the Customer, and the Customer retains all rights accruing to it in the Agreement, including ownership rights in Section 7 (Ownership) and Section 8 (Data).
In the event of any inconsistency between the Participation Agreement and the main Agreement, the terms of the main Agreement will control the subject matter of the Participation Agreement. Capitalized terms used in the Participation Agreement, if not defined within that agreement, will have the meanings defined in the main Agreement.