How is the Designated Area for an Ella Cafe franchise determined and documented?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
"Designated Area" as determined in accordance with Section 2.2 and defined in Attachment 2.
Upon Franchisee's acquisition of the Location for the Coffee House, Franchisor will amend Attachment 2 to include the Location and a description of the Designated Area surrounding the Location or will memorialize such information in another form of written communication, signed by Franchisor and Franchisee. As long as Franchisee is in full compliance with this Agreement and any other agreement between Franchisee and Franchisor or its Affiliates, then except as otherwise expressly provided in this Agreement (including Section 2.4. of this
| 2.2 | The Designated Area of the Franchised Business is [attach map or insert zip codes]: | ||
|---|---|---|---|
| 6.1. | The Site Selection Area is [attach map or insert zip codes]: | ||
| 6.1. | As approved by the Franchisor, the Location of the Franchised Business is: |
"Site Selection Area Name," as defined on the Summary Page, shall mean the general identifying name for the Franchisee's Site Selection Area, and does not endow any greater area than the Site Selection Area map identified in Attachment 2.
Franchisee understands and acknowledges that, at any time, the Franchisor may develop or authorize someone other than Franchisee to develop and operate ELLA Coffee House in the Reserved Area within the Designated Area.
Further, the Franchisor may sell within the Designated Area any products and services that are authorized for sale at ELLA Coffee House, as well as other products and services, under the Marks or other trademarks, service marks, and commercial symbols, provided that such sales are through dissimilar channels, which include, but are not limited to, grocery and other retail stores (including supermarkets), motor vehicles (such as food trucks), the internet, satellite locations, sales or mail order catalogs, temporary locations, carts or kiosks, or through other electronic, internet, or print media.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the Designated Area for an Ella Cafe franchise is determined in accordance with Section 2.2 of the franchise agreement and is defined in Attachment 2. Upon the franchisee's acquisition of a location for the Coffee House, Ella Cafe will amend Attachment 2 to include the specific location and a description of the Designated Area surrounding it. Alternatively, this information may be documented in another form of written communication that is signed by both Ella Cafe and the franchisee.
As long as the franchisee remains in full compliance with the franchise agreement and any other agreements with Ella Cafe or its affiliates, neither Ella Cafe nor its affiliates will establish or authorize any other entity to establish a competing Ella Cafe location (of the same model) within the Designated Area during the term of the agreement. However, Ella Cafe retains certain rights within and outside the Designated Area, including the right to operate or license others to operate Ella Cafe locations in any Reserved Area, such as shopping malls, airports, or hotels, even if these are located within the franchisee's Designated Area.
The Site Selection Area Name is identified on the Summary Page and does not endow any greater area than the Site Selection Area map identified in Attachment 2. Attachment 2 also includes the location of the franchised business as approved by Ella Cafe. The franchisee should be aware that Ella Cafe reserves the right to engage in sales of authorized products and services within the Designated Area through dissimilar channels such as grocery stores, the internet, or food trucks.