According to the Face Foundrie Franchise Agreement, what is the definition of 'Person'?

According to Face Foundrie's 2025 Franchise Disclosure Document, the term "Affiliate" is defined in relation to the term "Person." An affiliate is any "Person" that directly or indirectly owns or controls the referenced party, is directly or indirectly owned or controlled by the referenced party, or is under common control with the referenced party. The term "control" is further defined as possessing the power to direct or cause the direction of the management and policies of an Entity, whether through ownership of voting securities, by contract, or otherwise.

This definition is important because it clarifies the scope of relationships that Face Foundrie considers to be affiliated entities. This can have implications for various aspects of the franchise agreement, such as competitive restrictions, as these restrictions may extend to affiliates of the franchisee or franchisor. Understanding the definition of "Person" and "Affiliate" helps a franchisee understand the full extent of these restrictions and obligations.

For a prospective Face Foundrie franchisee, this definition is crucial for identifying any potential conflicts of interest or competitive issues. For example, if a franchisee has an ownership stake in another business, it's important to determine whether that business would be considered an affiliate under this definition, and whether it could be deemed a "Competitive Business" as defined elsewhere in the agreement. This ensures compliance with the franchise agreement and avoids potential disputes with Face Foundrie.