In the context of the Jack In The Box Addendum, what does the term 'Agreement' refer to?
Jack_In_The_Box Franchise · 2025 FDDAnswer from 2025 FDD Document
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is dated , , and entered into in the City of San Diego, State of California, by and between DIFFERENT RULES, LLC, a Delaware limited liability company, having its principal place of business at 9357 Spectrum Center Blvd, San Diego, California 92123, ("Company") and , whose address is ("Developer"), who agree as follows:
- **1.
RECITALS**.
This Agreement is made and entered into with reference to the following facts and circumstances:
Source: Item 23 — RECEIPT (FDD pages 94–634)
What This Means (2025 FDD)
According to the 2025 Jack In The Box Franchise Disclosure Document, specifically within the context of the Development Agreement, the term "Agreement" refers to the Development Agreement itself. The document explicitly states, "THIS DEVELOPMENT AGREEMENT ('Agreement') is dated , , and entered into in the City of San Diego, State of California..." This clarifies that whenever the term 'Agreement' is used within that specific document, it is referring to the Development Agreement that outlines the terms and conditions between Jack In The Box (referred to as "Company") and the developer.
This definition is crucial for understanding the obligations, rights, and responsibilities of both Jack In The Box and the developer. The Development Agreement outlines the rights granted to the developer, the development area, and other key terms. It is important to note that this Development Agreement is distinct from the Franchise Agreement, which grants the right to operate a Jack In The Box restaurant using the System and Marks.
Prospective Jack In The Box developers should pay close attention to the specific terms and conditions outlined in the Development Agreement, as it governs the development rights and obligations. Understanding the scope and limitations of the Development Agreement is essential before entering into any commitments with Jack In The Box. The FDD also states that the exhibits, introduction, definitions, and preambles are part of the agreement.