Is Extreme Art Studio authorized to remove a legend or endorsement on a check?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement or accord and satisfaction.
We are authorized to remove any legend or endorsement, which then will have no effect.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, Extreme Art Studio has the authority to remove any special or restrictive legend or endorsement on any check or similar item given to them by a franchisee. The FDD states that such legends or endorsements will have no effect, implying that Extreme Art Studio is not bound by any conditions or restrictions a franchisee might attempt to impose through such notations on payments. This clause protects Extreme Art Studio from disputes over payment terms or attempts by franchisees to unilaterally alter the franchise agreement through payment notations.
This provision is fairly standard in franchise agreements. It ensures that Extreme Art Studio retains control over the payment process and is not subject to franchisees' attempts to create implied agreements or settlements through check endorsements. It also streamlines accounting and avoids potential legal complications that could arise from accepting checks with restrictive legends.
For a prospective Extreme Art Studio franchisee, this means that any attempt to add conditions or restrictions to royalty or other payments via check endorsements will be ineffective. Extreme Art Studio has the right to remove such notations and process the payment without being bound by them. Franchisees should be aware that all payments must be made according to the terms of the franchise agreement, and any disputes or proposed modifications must be addressed through formal channels rather than through payment endorsements.