What documents are included as part of the 'Franchise Agreement' for Ella Cafe?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
Location" means the physical location stated on Attachment 2 as determined in accordance with Section 6.1.
- "Manual" means the compilation of information and knowledge that is necessary and material to the System.
The term "Manual," as used in this Agreement, includes all publications, materials, drawings, memoranda, video and audio files, regardless of form, and other electronic files that Franchisor from time to time may loan or otherwise make available to Franchisee.
Franchisee agrees that
no representations have been made to the Franchisee concerning this Agreement or the ELLA Coffee House franchise other than as contained in this Agreement and in the Franchise disclosure document Franchisee has received before the Franchisee signed this Agreement.
13.8 Representations of Franchisee.
(a) Franchisee represents and warrants that the ownership information set forth in Attachment 1 is accurate and complete in all material respects, and Franchisee hereby agrees to notify Franchisor in writing prior to any change in the ownership information set forth in Attachment 1, and in compliance with the transfer requirements of Section 12. of this Agreement. If Franchisee is a Business Entity, Franchisee further represents and warrants to Franchisor that: (a) Franchisee is duly organized and validly existing under the laws of the state of its formation; (b) Franchisee's governing documents will, at all times, provide that Franchisee's activities are confined exclusively to the operation of the Coffee House; (c) neither Franchisee nor any of its Affiliates nor Owners own, operate, or have any financial or beneficial interest in any business that is the same as or similar to a System Coffee House
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the Ella Cafe franchise agreement includes several attachments and related documents that define key aspects of the franchise relationship. Attachment 2 specifies the physical location of the Coffee House. Any amendments to include the location and a description of the designated area surrounding the location will be memorialized in Attachment 2 or another form of written communication signed by both Ella Cafe and the franchisee.
The agreement also references the 'Manual,' which contains essential information and knowledge about the Ella Cafe system. This manual includes publications, materials, drawings, memoranda, video and audio files, and other electronic files that Ella Cafe may provide to the franchisee. The manual can be updated with written communications or directives to reflect changes in the image, specifications, and standards of the Coffee House, with each communication considered part of the Manual.
Furthermore, the franchise agreement includes stipulations regarding ownership information, which is detailed in Attachment 1. Franchisees must notify Ella Cafe in writing of any changes to this information. If the franchisee is a business entity, they must warrant that their activities are confined exclusively to the operation of the Coffee House and that they do not have any financial interest in a competing business. The agreement also states that no representations have been made to the franchisee concerning the agreement or the Ella Coffee House franchise other than as contained in the agreement and in the Franchise Disclosure Document.