What is the definition of 'Owner' in the Ella Cafe Development Agreement?

The 2024 Ella Cafe Franchise Disclosure Document does not explicitly define the term "Owner" within the Development Agreement in the provided excerpts. However, the term is used in the context of restrictions and obligations related to the Development Agreement and transfers of interest.

Specifically, the FDD excerpts discuss the obligations of an 'Owner' in relation to non-compete clauses. If an individual ceases to be an Owner of the Developer, they are subject to a two-year non-compete period. This suggests that an 'Owner' has a significant level of control or interest in the Ella Cafe development entity. The document also states that the rights and duties within the Development Agreement are personal to the Developer and its Owners, implying that Ella Cafe grants rights based on the skills, financial capacity, and character of both the Developer and its Owners.

Furthermore, the FDD excerpts outline transfer restrictions related to both the Developer and any Owner. Any transfer of interest in the Development Agreement or the Business Entity by an Owner requires prior written consent from Ella Cafe. This indicates that Ella Cafe considers the identity and involvement of the Owners to be important for the success and integrity of the franchise system.

To fully understand the definition of "Owner" within the Ella Cafe Development Agreement, a prospective franchisee should ask the franchisor for the specific definition used in the agreement and clarify the rights, responsibilities, and restrictions that apply to individuals meeting that definition.