According to the Jersey Mikes Lease Rider, what is the definition of 'the Lease'?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee has executed or intends to execute a Franchise Agreement (the Franchise Agreement") with A SUB ABOVE, LLC, ("Franchisor") for the operation of a JERSEY MIKE'S restaurant at the Location, and as a requirement of the Franchise Agreement, the lease for the Location shall include the provisions contained in this Rider; and
WHEREAS, Landlord and Franchisee agree that the terms contained in this Rider shall supersede any terms to the contrary set forth in the Lease;
NOW THEREFORE, in consideration of mutual covenants set forth in this Rider, the execution and delivery of the Lease, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Franchisee hereby agree as follows:
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to the 2025 Jersey Mike's Franchise Disclosure Document, the Lease refers to the lease agreement for the location of the franchised restaurant. The Lease Rider is designed to ensure that the terms of the lease align with the requirements of the Franchise Agreement between the franchisee and Jersey Mike's. The Lease Rider includes provisions that supersede any conflicting terms in the lease itself.
Jersey Mike's requires that any lease for a franchised restaurant location is subject to the franchisor's approval. The franchisee cannot modify, amend, renew, extend, or assign the lease without prior written consent from Jersey Mike's. This provision protects Jersey Mike's interests by ensuring control over the location of its franchises and preventing franchisees from making changes that could negatively impact the brand.
The Lease Rider also addresses the franchisor's right to enter the premises and the franchisee's obligation to de-identify the location if the Franchise Agreement expires or is terminated. The landlord must deliver to Jersey Mike's a copy of any notice of default or termination of the lease. The franchisee has the right to sublet, assign, or transfer its interest in the lease to Jersey Mike's, its affiliate, another Jersey Mike's franchisee, or a corporation involved in a merger or consolidation, without the landlord's approval.