Who can enforce the Face Foundrie Personal Covenants?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
| AGREEMENT, dated as of the day of, 20 | These Personal Covenants are being made and executed in connection with that certain FRANCHISE (the "Franchise Agreement"), by and between |
|---|---|
| FACE FOUNDRIÉ FRANCHISING L.L.C. capitalized terms used but not defined in these Personal Covenants shall have the meanings set forth in the Franchise Agreement. | ("Franchisor") and ("Franchisee"). All |
| Each of the undersigned hereby agrees that: | |
| 1. | |
| He or she is a Restricted Party. | |
| 2. of the direct and personal benefits the undersigned will derive from the Franchise Agreement, the undersigned acknowledges and agrees that: (a) he or she has read and understood Sections 7.01, 7.02, 7.03, 7.06, 13.05, 14.02 and 18.06 the obligations and covenants of Franchisee contained in such Sections as if such obligations and covenants were made and given personally thereby directly to Franchisor; and (c) such covenants and restrictions are reasonable, appropriate and necessary to protect the System, other Face Foundrié interest of Franchisor and do not cause undue hardship on the undersigned. | As an inducement to Franchisor to enter into the Franchise Agreement, and in consideration of the Franchise Agreement in their entirety; (b) he or she is and shall be personally bound by all of Facial Bars and the legitimate |
| 3. 7.06, 13.05, 14.02 and 18.06 unenforceable as applied to the undersigned, then such unenforceable sentence, clause, paragraph, or combination may be modified by such court to the extent necessary to render it enforceable, and if it cannot be so modified, it shall be severed and the remainder of Sections 7.01, 7.02, 7.03, 7.06, 13.05, 14.02 of the Franchise Agreement shall remain in full force and effect. | If any sentence, clause, paragraph, or combination of any of them in Sections 7.01, 7.02, 7.03, of the Franchise Agreement is held by a court of competent jurisdiction to be and 18.06 |
| 4. unless the law of another jurisdiction applies as provided for in Section 19.04 These Personal Covenants may be enforced by Franchisor and its Affiliates in accordance with the terms of the Franchise Agreement. | These Personal Covenants shall be governed by the internal laws of the State of Minnesota, of the Franchise Agreement. |
| Franchise Agreement. | The undersigned hereby execute and deliver this instrument effective as of the Effective Date of the |
| [Name] | Date: |
| Date: | |
| [Name] | Date: |
| [Name] |
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, both Face Foundrie Franchising L.L.C. (the Franchisor) and its Affiliates have the right to enforce the Personal Covenants outlined in the Franchise Agreement. These covenants are designed to protect Face Foundrie's interests and ensure that all parties involved adhere to the terms and conditions set forth in the agreement. The Personal Covenants are signed by each Restricted Party, which are individuals who are closely associated with the franchisee. These individuals agree to be personally bound by specific sections of the Franchise Agreement, including those related to non-competition, confidentiality, and non-solicitation.
This enforcement right is further solidified by the explicit statement that the Personal Covenants can be enforced by Face Foundrie and its Affiliates, as stated in the exhibit outlining the personal convenants. This ensures that Face Foundrie has the legal means to prevent any potential breaches of contract that could harm the brand or its network of franchisees. The agreement also specifies that these covenants are governed by the internal laws of the State of Minnesota, unless otherwise provided in the Franchise Agreement, ensuring a consistent legal framework for enforcement.
For a prospective Face Foundrie franchisee, this means that not only are they responsible for upholding the terms of the Franchise Agreement, but so are any Restricted Parties involved in their franchise. Face Foundrie can pursue legal action against these individuals if they violate the Personal Covenants, providing an additional layer of protection for the franchise system. This also highlights the importance of carefully selecting and managing Restricted Parties, as their actions can have legal ramifications for both themselves and the franchisee. Franchisees should ensure that all Restricted Parties fully understand their obligations and the potential consequences of non-compliance.