For Endless Summer Sweets franchises in Hawaii, what information is contained on the summary page?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
"Territory" means the territory stated on the Location Acceptance Letter.
"Transfer" means for Franchisee (or any Owner) to voluntarily or involuntarily transfer, sell, or dispose of, in any single or series 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.
2.3 Franchisee Control. Franchisee represents that it will identify each owner, officer and director of Franchisee, and describes the nature and extent of each owner's interest in Franchisee.
If any of this information changes, Franchisee shall notify Franchisor within 10 days.
- 2.4 Principal Executive. Franchisee agrees that the person designated as the "Principal Executive" on the Summary Page is the executive primarily responsible for the Business and has decision-making authority on behalf of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
Based on the 2024 Endless Summer Sweets Franchise Disclosure Document, the summary page includes the territory stated on the Location Acceptance Letter. If no location is specified on the summary page when the agreement is signed, the parties will determine the location according to Section 6.1 of the agreement. The franchisee is required to develop, open, and operate the Endless Summer Sweets business at the agreed-upon location for the entire term of the agreement.
The summary page also identifies the "Principal Executive," who is the person primarily responsible for the business and has decision-making authority on behalf of the franchisee. The franchisee must notify Endless Summer Sweets of any changes to the ownership, officers, or directors of the franchisee within 10 days.
Endless Summer Sweets grants the franchisee the right to operate one Endless Summer Sweets business solely at the specified location. Endless Summer Sweets will not establish or license another business within the territory that sells the same or similar goods or services under the same trademarks. However, Endless Summer Sweets retains the right to establish and license businesses outside the territory, operate businesses under different brand names, and sell products and services through other channels of distribution, including the internet.