How is 'or' used in the Eos Worldwide franchise agreement?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
| 15.7 | OPERATION AND TRANSFERS UPON DEATH, DISABILITY OR OTHER EXTRAORDINARY | |
|---|---|---|
| CIRCUN | MSTANCES. | |
| 15.8 | EFFECT OF CONSENT TO TRANSFER. | 38 |
| 15.9 | WAIVER OF INTERFERENCE CLAIMS. | 39 |
| 16. | RESTRICTIVE COVENANTS. | 39 |
| 16.1 | CONFIDENTIAL INFORMATION. | 39 |
| 16.2 | RESTRICTIONS ON USE. | 40 |
| 16.3 | MANDATORY REQUESTS FOR INFORMATION. | 40 |
| 16.4 | RETURN | 40 |
| 16.5 | DURING TERM - COMPETITIVE ACTIVITIES. | 40 |
| 16.6 | POST-TERM COMPETITIVE ACTIVITIES. | 41 |
| 16.7 | NON-DISPARAGEMENT | 41 |
| 16.8 | EQUITABLE RELIEF. | 42 |
| 16.9 | EXTENSION OF TIME PERIOD. | 42 |
| 16.10 | MODIFICATION OF PROVISION. | 42 |
| 17. | TERMINATION. | 42 |
| 17.1 | By Franchisee. | 42 |
| 17.2 | By Franchisor - Non-Curable Defaults. | 43 |
| 17.3 | By Franchisor - Curable Breaches. | 44 |
| 17.4 | CROSS DEFAULTS, NON-EXCLUSIVE REMEDIES, ETC. | 45 |
| 17.5 | RIGHTS UPON DEFAULT | 45 |
| 17.6 | OBLIGATIONS UPON TERMINATION/EXPIRATION. | 45 |
| 17.7 | RIGHT TO PURCHASE ASSETS. | 46 |
| 18. | NOTICES | 46 |
| 19. | BUSINESS ENTITY | 47 |
| 20. | DISPUTE RESOLUTION. | 48 |
| 20.1 | GOVERNING LAW. | 48 |
| 20.2 | JURISDICTION | 48 |
| 20.3 | INTERNAL DISPUTE RESOLUTION. | |
| 20.4 | MEDIATION | |
| 20.5 | ARBITRATION | |
| 20.6 | INJUNCTIVE RELIEF. | |
| 20.7 | THIRD PARTY BENEFICIARIES. | |
| 20.8 | PRIOR NOTICE OF CLAIMS. | 50 |
| 20.9 | CUMULATIVE REMEDIES. | |
| 20.10 | WAIVER OF PUNITIVE DAMAGES. | |
| 20.11 | LIMITATIONS OF CLAIMS. | |
| 20.12 | WAIVER OF JURY TRIAL | |
| 20.13 | WAIVER OF CLASS ACTIONS. | |
| 20.14 | ARBITRATION/LITIGATION EXPENSES | 51 |
| 21. | MISCELLANEOUS. | |
| 21.1 | SEVERABILITY. | |
| 21.2 | WAIVERS | |
| 21.3 | ENTIRE AGREEMENT | |
| 21.4 | COUNTERPARTS. | |
| 21.5 | TIMING | _ |
| 21.6 | MULTI-STATE ADDENDUM | |
| 21.7 | CONSTRUCTION | |
| 21.8 | FURTHER ASSURANCES. | |
| 21.9 | COMPLIANCE WITH ANTI-TERRORISM LAWS | |
| 21.10 | SURVIVAL. | |
| 21.11 | NOTICE OF POTENTIAL FRANCHISOR AND AFFILIATE PROFIT | |
| 21.12 | FORCE MAJEURE. | |
| 21.13 | Interpretation. | |
| 21.14 | CURRENCY. | |
| 21.15 | ACKNOWLEDGMENT | 55 |
Exhibit A – Form of General Release Exhibit B – Multi-State Addenda Exhibit C - Form of Joinder to Franchise Agreement
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (this "Agreement"), between EOS Worldwide Franchising, LLC, a Delaware limited liability company ("we," "us", "our", or "Franchisor"), and ("you", "your", or "Franchisee"), is effective as of the date of our signature below (the "Effective Date"). This Agreement will not be effective until it has been countersigned by us and delivered to you, and not until you have paid the Initial Franchise Fee and the Boot Camp Fee (each as described below).
1. PREAMBLE.
1.1 The Entrepreneurial Operating System.
As a result of the expenditure of time, effort, and money, we and our affiliates have developed a unique franchise opportunity (the "Franchise" or the "EOS Franchise") for establishing and operating a business as an EOS Implementer® which offers entrepreneurial training, leadership and business development services (the "Services") and, as applicable, related products (the "Products"), using our Entrepreneurial Operating System ("EOS") comprised of tools, concepts, training and facilitation materials, methods, techniques, practices, procedures and processes, which include the EOS Model consisting of the "Six Key Components", the EOS Toolbox, and the EOS Process. The EOS Process begins with our signature introductory 90 Minute Meeting and continues with a Focus Day, the Vision Building days, Quarterly Pulsing and Annual Planning sessions (collectively with any other applicable sessions that are or become part of the EOS Process, as we may update it from time to time, "Sessions").
1.2 The EOS Franchise System.
Our franchise system includes elements of know-how; certain distinctive, identifiable trade-dress; specifications, information, policies, methods, controls, and procedures for operations; procedures for management and financial control; business relationships, training and assistance; advertising and promotional programs; a communication strategy; and the Marks and related Intellectual Property described below; all of which we may register, change, cancel, alter, amend, further improve, discontinue, develop or otherwise modify, from time to time in accordance with this Agreement (collectively, the "EOS Franchise System" or the "System").
1.3 The Intellectual Property.
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to Eos Worldwide's 2025 Franchise Disclosure Document, the term 'or' is used in several contexts within the franchise agreement, outlining various rights, restrictions, and obligations for both the franchisor and the franchisee.
The franchise agreement uses 'or' to define the "Franchise" or the "EOS Franchise" as a unique opportunity for establishing and operating a business as an EOS Implementer. It also specifies that franchisees market, sell, provide, render and perform services and products to entrepreneurs, business owners or other end-users. Additionally, Eos Worldwide retains the right to license others to operate an Eos Worldwide business or franchise under the Marks and System or using the Intellectual Property.
Furthermore, the agreement clarifies that franchisees are prohibited from selling products at wholesale, or to any distributor, vendor, supplier, or retailer or reseller, or in any manner except through the Franchised Business. The agreement also states that franchisees cannot assign or transfer their rights or obligations, nor may they grant a sub-franchise or otherwise sublicense any such rights or obligations. These instances demonstrate how 'or' is used to connect different elements, providing clarity and outlining the scope of various provisions within the Eos Worldwide franchise agreement.