What does 'we,' 'us,' or 'our' refer to in the Endless Summer Sweets disclosure document?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
In this disclosure document, "we," "us," or "our" refers to Endless Summer Sweets Franchising, Inc. "You" means the person to whom we grant a franchise. If you are a corporation, limited liability company, or other entity, each owner of the franchise entity must sign our Guaranty and Non-Compete Agreement, which means that all of the franchise agreement's provisions also will apply to your owners.
We are Endless Summer Sweets Franchising, Inc. We are a California corporation that was formed on March 9, 2023. Our principal business address is 2358 Shattuck Avenue, Berkeley, California 94704
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 6–7)
What This Means (2024 FDD)
According to Endless Summer Sweets's 2024 Franchise Disclosure Document, the terms "we," "us," or "our" refer to Endless Summer Sweets Franchising, Inc. The document also clarifies that "you" refers to the person or entity to whom Endless Summer Sweets is granting a franchise. If the franchisee is a corporation, limited liability company, or other entity, each owner of that entity must sign a Guaranty and Non-Compete Agreement, making them subject to the franchise agreement's provisions.
This definition is important for prospective franchisees because it clarifies the roles and responsibilities of each party in the franchise relationship. Franchisees should understand that when they see "we," "us," or "our" in the FDD or franchise agreement, it is referring to Endless Summer Sweets Franchising, Inc., the entity making the offer. This distinction is crucial for understanding who is making commitments, providing support, and enforcing the terms of the agreement.
Understanding these definitions from the outset helps avoid confusion and ensures that franchisees are clear about their obligations and the franchisor's commitments. It also highlights the importance of the Guaranty and Non-Compete Agreement, which extends the obligations of the franchise agreement to the owners of the franchisee entity, ensuring their personal commitment to the franchise.