Does the landlord acknowledge Itan's rights under the Itan Franchise Agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Acknowledgement of Rights. Landlord acknowledges Franchisor's rights under the Franchise Agreement
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the landlord does acknowledge Itan's rights under the Franchise Agreement. Specifically, the landlord's acknowledgement is part of an agreement designed to protect Itan's interests. This agreement outlines several key rights for Itan, including receiving copies of default notices sent to the tenant (the franchisee). These notices are to be sent via email and registered mail to the address provided in the document.
Furthermore, the landlord acknowledges Itan's rights to cure a tenant's default under the lease, allowing Itan to take over the premises without needing the landlord's or tenant's consent. Itan can then assign the lease to another franchisee or an entity controlled by Itan, although the landlord's written approval is required for the assignee, which cannot be unreasonably withheld or delayed. The landlord must also acknowledge such assignments in writing, and these assignments are not subject to any fees or rental acceleration.
Additionally, Itan has the first right of refusal to lease the premises upon the expiration or termination of the lease, with a 30-day period to decide whether to exercise this right. The landlord also agrees that the expiration or termination of the Franchise Agreement constitutes a default under the lease, giving Itan the right to cure the default by taking over the tenant's interests under the lease. These provisions collectively ensure that Itan has several mechanisms to protect its franchise operations and maintain control over the location, even in situations where the franchisee defaults or the agreement is terminated.