How does the Face Foundrie agreement define the term 'Person'?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) "Affiliate" Any Person that directly or indirectly owns or controls the referenced party, that is directly or indirectly owned or controlled by the referenced party, or that is under common control with the referenced party.
The term "control" means the possession, directly or indirectly, of 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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
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 the power to direct the management and policies of an Entity, whether through ownership of voting securities, contract, or otherwise.
This definition is important for franchisees as it clarifies the scope of Face Foundrie's corporate structure and potential relationships. Understanding who is considered an affiliate helps in assessing potential conflicts of interest, competitive advantages, and the overall network of related entities that could impact the franchise operation. For example, Face Foundrie's obligations regarding protected territories may be influenced by the activities of its affiliates.
It is important to note that the definition of "Person" itself is not explicitly provided in the excerpt. However, the context suggests that "Person" is a broad term encompassing various entities capable of owning or controlling a business. Franchisees should seek clarification from Face Foundrie regarding the precise legal definition of "Person" as it applies within the franchise agreement to fully understand their rights and obligations.