Who is bound by the Ella Cafe franchise agreement?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
tten notice of the change.
Intending to be legally bound, I have executed this Personal Guaranty on the date set forth below:
| and third-party claims; | | | | | |---|---|---|---|---| | 7. Employer practices | liability insurance | with a limit | of at least | $2,000,000 |
Ella Coffee Company, LLC MULTI-UNIT DEVELOPMENT AGREEMENT ATTACHMENT D
CONFIDENTIALITY AND NONCOMPETITION AGREEMENT
| Franchisee must notify Franchisor immediately of any apparent | |
|---|---|
| infringement of or challenge to Franchisee’s use of any Mark and of any claim by any person of | |
| any rights in any Mark or any Copyrighted Works. Franchisee and Owners must not communicate | |
| with any person other than Franchisor, its Affiliates, their counsel, and Franchisee’s counsel in | |
| connection with any such apparent infringement, challenge, or claim. Franchisor will have |
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- Developer has acquired the right from Ella Coffee Company, LLC ("Franchisor") to develop Coffee Houses using Franchisor's trade names, trademarks, and service marks, including the service mark "Ella Café" ("Marks") and the system developed by Franchisor and/or its affiliates to develop Coffee Houses ("System"), as they may be changed, improved, and further developed from time to time in Franchisor's sole discretion.
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- Franchisor possesses certain proprietary and confidential information relating to the operation of the Coffee House, which includes the Manual, recipes, trade secrets, and copyrighted materials, methods, and other techniques and know-how ("Confidential Information").
Source: Item 23 — RECEIPTS (FDD pages 50–181)
What This Means (2024 FDD)
According to the 2024 Ella Cafe Franchise Disclosure Document, the franchise agreement is between Ella Coffee Company, LLC, referred to as "Franchisor," and the "Developer," who is the party acquiring the rights to develop Coffee Houses using Ella Cafe's trademarks and system.
The agreement outlines that the Developer is granted the right to develop multiple franchised Coffee Houses, operating under the Ella Cafe system and marks, subject to the terms and conditions specified in the agreement. This includes adhering to standards for interior and exterior design, proprietary ordering procedures, recipes, food preparation techniques, and other operational guidelines established by Ella Cafe.
Furthermore, the agreement emphasizes the Developer's responsibility to protect Ella Cafe's confidential information, including manuals, recipes, trade secrets, and copyrighted materials. The Developer acknowledges that they have conducted an independent investigation of the franchise opportunity and are responsible for their success based on their abilities and efforts. The Developer also confirms they are relying solely on Ella Coffee Company, LLC, and not on any affiliated entities, regarding financial obligations under the agreement.