Does the Extreme Art Studio Franchise Agreement confer rights or remedies to third parties?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages. Any claim, defense, or cause of action you may have against us or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
7. Miscellaneous.
- a. Although this Agreement is entered into in favor of Extreme Art Studio Franchising, LLC, you understand and acknowledge that your employer/employee, independent contractor, agent, representative, or supplier relationship is with Franchisee and not with us, and for all purposes in connection with such relationship, you will look to Franchisee and not to us.
- b. If we pursue legal remedies against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorney fees and costs in doing so.
- c. This Agreement will be governed by, construed, and enforced under the laws of the state where your Extreme Art Studio Business is located, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- d. Each section of this Agreement, including each subsection and portion, is severable. If any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
| EXECUTED on the date stated below. | | | |------------------------------------|-----------------------|--| | Date | Signature Typed or Printed Name | | Rev. 032916
EXHIBIT H-4
AUTOMATED CLEARING HOUSE PAYMENT AUTHORIZATION FORM
| Franchisee Mailing Address (street) Franchisee Mailing Address (city, state, zip) Contact Name, Address and Phone number (if different from above) Franchisee Fax No. Bank Account Information: Bank Name Bank Mailing Address (street, city, state, zip) Checking Savings Bank Account No. (check one) | Franchisee Phone No.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, the franchise agreement impacts the rights and obligations of third parties in specific ways. The agreement explicitly states that while it is entered into in favor of Extreme Art Studio Franchising, LLC, the franchisee is responsible for their own employees, independent contractors, agents, representatives, or suppliers. These third parties must look to the franchisee, not Extreme Art Studio Franchising, LLC, for matters related to their relationship. This clarifies that Extreme Art Studio is not directly liable for the franchisee's business relationships.
Additionally, the Trademark Owner, an affiliate of Extreme Art Studio, is granted certain rights under the franchise agreement. The franchisee's right to use the Extreme Art Studio marks is derived from the agreement, and unauthorized use of these marks infringes upon the rights of both Extreme Art Studio and the Trademark Owner. The agreement specifies that any goodwill established through the franchisee's use of the marks benefits Extreme Art Studio and the Trademark Owner, not the franchisee. This ensures that the brand's intellectual property rights are protected and that the benefits of brand recognition accrue to the franchisor and its affiliate.
Furthermore, the agreement addresses the franchisee's obligations upon termination or expiration, stating that Extreme Art Studio will not be responsible for any third-party amounts the franchisee may owe. This provision protects Extreme Art Studio from assuming the franchisee's debts to suppliers or other creditors. Overall, while the franchise agreement primarily governs the relationship between Extreme Art Studio and the franchisee, it also defines the rights, responsibilities, and limitations concerning certain third parties, such as the Trademark Owner and the franchisee's employees and creditors.