According to the Endless Summer Sweets FDD, what is amended by the Rider?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT 1 TO THE ENDLESS SUMMER SWEETS FRANCHISE AGREEMENT
STATE ADDENDA TO AGREEMENTS
CALIFORNIA RIDER TO FRANCHISE AND MULTI-UNIT DEVELOPMENT AGREEMENT
the Lease which limits Tenant's right to own or operate other Endless Summer Sweets outlets in proximity to the Leased Premises shall not apply to Franchisor.
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- Authorization. Tenant authorizes Landlord and Franchisor to communicate directly with each other about Tenant and Tenant's business.
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- Right to Enter. Upon the expiration or termination of the Franchise Agreement or the Lease, or the termination of Tenant's right of possession of the Leased Premises, Franchisor or its designee may, after giving reasonable prior notice to Landlord, enter the Leased Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
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- No Liability. By executing this Rider, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, the California Rider to the Franchise and Multi-Unit Development Agreement serves to amend specific terms of those agreements for franchisees operating in California.
Specifically, the Rider to Lease Agreement modifies the standard lease terms. According to the FDD, any clause in the lease that restricts the tenant (franchisee) from owning or operating other Endless Summer Sweets locations near the leased premises does not apply to the franchisor. This provision ensures that Endless Summer Sweets retains the flexibility to establish additional locations, even if the franchisee's lease might otherwise limit such expansion.
Additionally, the Rider includes several stipulations that outline the relationship and rights of the landlord, tenant (franchisee), and franchisor. It allows the landlord and Endless Summer Sweets to communicate directly regarding the tenant's business. It also grants Endless Summer Sweets the right to enter the premises after the franchise agreement or lease terminates to remove branding materials, provided they cover any resulting damages. The Rider explicitly states that Endless Summer Sweets assumes no liability regarding the leased premises or the tenant's obligations under the lease by executing the rider.