What exhibits are included in the Endless Summer Sweets disclosure document?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT 3 TO THE
ENDLESS SUMMER SWEETS FRANCHISE AGREEMENT
GUARANTY AND NON-COMPETE AGREEMENT
This Guaranty and Non-Compete Agreement (this "Guaranty") is executed by the undersigned person(s) (each, a "Guarantor") in favor of Endless Summer Sweets Franchising, Inc. , a California Limited Liability Company ("Franchisor" ).
5. State Addenda.
[Maryland Residents]: This Release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
[Washington Residents]: A release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act except when executed pursuant to a negotiated settlement after the franchise agreement is in effect and where the parties are represented by independent counsel.
Agreed to by: Name: Date:
EXHIBIT 5 TO THE ENDLESS SUMMER SWEETS FRANCHISE AGREEMENT
ACH PAYMENT AGREEMENT
Agreed to by: Address: Address: Address:
ATTACHMENT 4 TO FRANCHISE AGREEMENT
FORM OF GENERAL RELEASE
[This is our current standard form of General Release. This document is not signed when you purchase a franchise. In circumstances such as a renewal of your franchise or as a condition of our approval of a sale of your franchise, we may require you to sign a general release.]
This General Release ("Release") is executed by the undersigned ("Releasor") in favor of Endless Summer Sweets Franchising, Inc., a California limited liability company ("Franchisor").
Background Statement: [describe circumstances of Release]
Releasor agrees as follows:
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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.
Executed by:
LANDLORD: TENANT:
EXHIBIT C TO DISCLOSURE DOCUMENT
MULTI-UNIT DEVELOPMENT AGREEMENT
This Multi-Unit Development Agreement (this "MUDA") is made between Endless Summer Sweets Franchising, Inc. ("Franchisor") and , a ("Franchisee") on the Effective Date. Background Statement: On the same day as they executed this MUDA, Franchisor and Franchisee have into Franchise Agreement for the franchise of entered a a business (the "Franchise Agreement;" capitalized terms used but not defined in this MUDA have the meanings given in the Franchise Agreement). Franchisor and Franchisee desire that Franchisee multiple businesses. 1. Multi-Unit Commitment. (a) Development Schedule; Fee. Franchisee shall develop and open businesses on the following schedule:
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, several exhibits are attached to the franchise agreement. These exhibits provide further details and legal context for franchisees.
Exhibit 3 is the Guaranty and Non-Compete Agreement, which is executed by the guarantor in favor of Endless Summer Sweets Franchising, Inc. Exhibit 5 is the ACH Payment Agreement. Attachment 4 is the Form of General Release, which is the current standard form of General Release.
Exhibit C is the Multi-Unit Development Agreement, which is made between Endless Summer Sweets Franchising, Inc. and the franchisee. These exhibits cover important aspects such as payment methods, guarantees, and potential development plans for franchisees who commit to opening multiple locations.
It is important for prospective franchisees to carefully review each exhibit to fully understand their obligations and rights under the Endless Summer Sweets franchise agreement.