What is the Face Foundrie Area Developer's responsibility regarding the success of the business venture?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement.
Unless specifically stated otherwise, the terms used in this Guaranty shall have the same meaning as in the Agreement, and shall be interpreted and construed in accordance with the Agreement. This Guaranty shall be governed by the dispute resolution provisions of the Agreement, and shall be interpreted and construed under the laws of the State of Minnesota. In the event of any conflict of law, the laws of the State of Minnesota shall prevail (without regard to, and without giving effect to, the application of Minnesota conflict of law rules).
IN WITNESS WHEREOF, the undersigned has executed this Guaranty, Indemnification and Acknowledgment as of the date of the Agreement.
| Franchised Facial Bar Number | Date by Which Franchise Agreement Must be Signed | Date by Which Franchised Facial Bar Must Be Open & Operating | Cumulative Number of Franchised Facial Bars to be Open and Operating by Area Developer in the Development Area |
|---|---|---|---|
| 1 | Date of this Agreement. | 1 | |
| 2 | 2 | ||
| 3 | 3 |
FACE FOUNDRIÉ FRANCHISING L.L.C. AREA DEVELOPMENT AGREEMENT EXHIBIT D AREA DEVELOPER CERTIFICATION
The undersigned, personally and as an officer(s), member(s) or partner(s) of Area Developer, as applicable, does hereby certify that he/she has conducted an independent investigation of the business contemplated by this Area Development Agreement and the Face Foundrié Franchising L.L.C. Franchise Agreement, and that the decision to execute the Area Development Agreement was based entirely upon the independent investigation by the undersigned; and the undersigned further certifies that he/she has not relied upon, in any way, any claims regarding potential sales, income, or earnings to be derived from the business contemplated by the Franchise Agreement and Area Development Agreement, and has not relied upon any claims regarding past or current sales, income or earnings of Franchisor or its affiliate operated Face Foundrié Facial Bars that are contrary to or different from the information contained in Franchisor's Franchise Disclosure Document. The undersigned further certifies that he/she understands the risks involved in this investment and Face Foundrié Franchising L.L.C. makes no representation or guaranty, explicit or implied, that the Area Developer will be successful or will recoup his/her investment.
IN WITNESS WHEREOF, the undersigned have signed and delivered this Certificate this day of , 20 AREA DEVELOPER certify the foregoing: Each of the undersigned Principals own a beneficial interest in Area Developer and has read the Area Development Agreement, agree to be individually bound by all obligations of Area Developer hereunder and
FACE FOUNDRIÉ FRANCHISING L.L.C. AREA DEVELOPMENT AGREEMENT EXHIBIT E STATE ADDENDA
ADDENDUM TO THE FACE FOUNDRIÉ FRANCHISING L.L.C. AREA DEVELOPMENT AGREEMENT FOR USE IN CALIFORNIA
| THIS | ADDENDUM (the “Addendum”) | is made and entered | into by and | between | FACE | |
|---|---|---|---|---|---|---|
| FOUNDRIÉ FRANCHISING L.L.C., a Minnesota limited liability company (“Franchisor”) with its | ||||||
| principal business | address | at 6446 Flying Cloud Drive, | Eden Prairie, | Minnesota | 55344, | and |
| FOUNDRIÉ FRANCHISING L.L. |
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Area Developer bears significant responsibility for the success of their business venture. The Area Developer certifies that their decision to enter the Area Development Agreement is based on their own independent investigation and understanding of the risks involved. Face Foundrie explicitly makes no guarantees that the Area Developer will be successful or recoup their investment. This highlights that the financial risk and ultimate success of the venture rests on the Area Developer's shoulders.
Specifically, the Area Developer is solely responsible for identifying, submitting for approval, and securing sites for each Face Foundrie Facial Bar. Face Foundrie provides site selection criteria but offers no direct site-selection assistance, meaning they won't visit search areas. The Area Developer must provide all requested information about potential sites, and a site is deemed disapproved if Face Foundrie doesn't approve it within 30 days of receiving complete information. Even if Face Foundrie recommends, reviews, or approves a site, the Area Developer acknowledges that Face Foundrie is not responsible for the Area Developer's operating results at that location.
Furthermore, the Area Developer must strictly adhere to the Development Schedule, which outlines the required number of Franchise Agreements to be executed and delivered to Face Foundrie by specific deadlines. The Area Developer also receives specialized training and confidential information regarding Face Foundrie's operational, sales, advertising, and promotional methods. They are obligated to protect this information and the goodwill associated with the Face Foundrie brand by not engaging in activities that could harm the System or divert business to competitors. This includes restrictions on operating or being involved with any Competitive Business, defined as businesses offering facial services or beauty treatments for the face where more than 10% of the offerings consist of facial services or beauty treatments for the face, or that offers waxing services.