In the Jersey Mikes Assignment of Franchise Agreement, what sections of the Summary Pages of the Franchise Agreement are amended and restated?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, the parties, in consideration of the undertakings and commitments of each party to the other, hereby agree as follows:
wish to amend the terms of the Franchise Agreement to reflect the actions described above.
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- The Effective Date of the Franchise Agreement set forth in Paragraph 5 of the Franchise Agreement Summary Page shall be the date ten (10) years after the expiration date of the Original Franchise Agreement.
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- Paragraph 7 of the Franchise Agreement Summary Page (Initial Fee) shall be deleted in its entirety and shall have no force or effect.
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- Paragraph 8(a) of the Franchise Agreement Summary Page (Grand Opening Advertising Fee) shall be deleted in its entirety and shall have no force or effect.
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- Sections 2.2, 2.3 and 2.4 of the Franchise Agreement (Term and Renewal) shall be deleted in their entirety and shall have no force or effect.
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- Section 5 of the Franchise Agreement (Training and Assistance) shall be amended by the addition of the following Section 5.6, which shall be considered an integral part of the Franchise Agreement:
- "5.6 Notwithstanding the above, Franchisor shall not be required to provide any pre-opening training and assistance described in this Section 5."
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to the 2025 Jersey Mikes Franchise Disclosure Document, the Assignment of Franchise Agreement outlines specific amendments to the Franchise Agreement Summary Page. Paragraph 5, concerning the Effective Date of the Franchise Agreement, is amended such that the effective date is ten years after the original agreement's expiration. Paragraph 7, which details the Initial Fee, is entirely deleted and has no effect. Paragraph 8(a), covering the Grand Opening Advertising Fee, is also deleted in its entirety and carries no force.
Furthermore, Sections 2.2, 2.3, and 2.4 of the Franchise Agreement, which pertain to the Term and Renewal of the agreement, are deleted completely. Section 5, addressing Training and Assistance, is amended with the addition of Section 5.6. This new section stipulates that Jersey Mikes is not required to provide any pre-opening training and assistance as described in Section 5.
These amendments indicate significant changes to the original franchise agreement terms upon assignment. Specifically, the elimination of the initial fee and grand opening advertising fee, along with modifications to the term and renewal sections, could substantially alter the financial and operational expectations for the assignee. The removal of mandatory pre-opening training may also place a greater burden on the assignee to independently prepare for the restaurant's launch. Prospective franchisees should carefully review these changes and understand their implications before proceeding with an assignment.