Is the exercise of Face Foundrie Franchisor rights or discretion subject to limitation or review?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
In the absence of an applicable statute, Franchisor will have no liability to Area Developer for any such decision or action.
Franchisor and Area Developer intend that the exercise of Franchisor rights or discretion will not be subject to limitation or review.
If applicable law implies a covenant of good faith and fair dealing in this Agreement, Franchisor and Area Developer agree that such covenant shall not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants Franchisor the right to make decisions, take actions and/or refrain from taking actions not inconsistent with Area Developer's rights and obligations hereunder.
14.6 Captions Only for Convenience*.* All captions in this Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the agreement between the franchisor and the area developer intends that the exercise of Face Foundrie's rights or discretion will not be subject to limitation or review. Furthermore, Face Foundrie has the right to operate, develop, and change the system in any manner not specifically precluded by the agreement.
Face Foundrie may make decisions or exercise its rights based on readily available information and its judgment of what is in its best interests or the best interests of its franchise network. This can be done without regard to whether other reasonable alternative decisions could have been made, whether the decision will promote its financial interest, whether the decision applies differently to the Area Developer, or whether the decision is adverse to the Area Developer's interests.
In the absence of an applicable statute, Face Foundrie will have no liability to the Area Developer for any such decision or action. If applicable law implies a covenant of good faith and fair dealing in this Agreement, Face Foundrie and Area Developer agree that such covenant shall not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants Franchisor the right to make decisions, take actions and/or refrain from taking actions not inconsistent with Area Developer's rights and obligations hereunder.