What is the definition of 'Location' for an Endless Summer Sweets franchise?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
of transactions, (i) substantially all of the assets of the Business, (ii) this Agreement, (iii) any direct or indirect ownership interest in the Business, or (iv) control of the Business.
ARTICLE 2. GRANT OF LICENSE
- 2.1 Grant. Franchisor grants to Franchisee the right to operate one Endless Summer Sweets business solely at the Location. If no Location is stated on the Summary Page when this Agreement is signed, then the parties will determine the Location in accordance with Section 6.1 of this Agreement. Franchisee shall develop, open and operate the Endless Summer Sweets business at the Location for the entire term of this Agreement.
- 2.2 Protected Territory. Franchisor shall not establish, nor license or franchise the establishment of, another business within the Territory selling the same or similar goods or services under the same trademarks or service marks as an Endless Summer Sweets business. Franchisor retains the right to:
- (i) establish and license others to establish and operate Endless Summer Sweets businesses outside the Territory, notwithstanding their proximity to the Territory or their impact on the Business;
- (ii) operate and license others to operate businesses anywhere that do not operate under the Endless Summer Sweets brand name; and
- (iii) sell and license others to sell products and services in the Territory through channels of distribution (including the internet) other than Endless Summer Sweets outlets.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, the specific 'Location' of the franchise is determined through a Location Acceptance Letter. The franchisor grants the franchisee the right to operate their Endless Summer Sweets business solely at this designated location.
The Location Acceptance Letter, issued by Endless Summer Sweets Franchising, Inc., specifies the location of the business in accordance with Section 6.1 of the Franchise Agreement. If the location isn't specified on the Summary Page when the agreement is initially signed, the parties will later determine the location as per Section 6.1 of the agreement.
Endless Summer Sweets requires the franchisee to develop, open, and operate the business at the designated location for the entire term of the agreement. The franchisor also defines a 'Territory,' which is stated on the Location Acceptance Letter, and provides a protected territory where the franchisor will not establish or license another business selling similar goods or services under the same trademarks.