What is the relationship between the Area Development Agreement and the Assignment of Area Development Agreement for Jersey Mikes?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
This Assignment of Area Development Agreement is made by and between A Sub Above, LLC, a Delaware limited liability company having its principal place of business at 2251 Landmark Place, Manasquan, New Jersey 08736, (the "Franchisor"), [ORIGINAL DEVELOPER] (the "Assignor"), [NEW ENTITY] (the "Assignee"), and [GUARANTORS] (the "Guarantors"). This Assignment of Area Development Agreement shall take effect upon its execution and dating by Franchisor (the "Effective Date").
WHEREAS, Franchisor and Assignor entered into a A Sub Above, LLC Area Development Agreement on , 20 (the "Area Development Agreement"); and
WHEREAS, the Assignor desires to assign its rights as Developer under the Area Development Agreement to the Assignee; and
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Franchisor, Assignor, Assignee, and Guarantors hereby agree as follows:
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- The Assignor hereby assigns all of its right, title and interest in the Area Development Agreement to the Assignee. The Franchisor hereby consents to this transfer. The Assignee hereby assumes and agrees to comply with all of the terms and conditions of the Area Development Agreement.
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- Sections 1 and 2 of the Summary Pages of the Franchise Agreement are hereby amended and restated as follows:
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- DEVELOPER(S):
Business Name (if partnership, corporation or LLC):
Names of Individual(s) with Ownership Interests in ADA:
Name(s) of Authorized Signatory or Signatories:
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- DEVELOPER(S)'S GUARANTOR(S):
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- The Franchisor, the Assignor, the Assignee, and Guarantors shall execute this Assignment which shall be attached to and become part of the Area Development Agreement.
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- Except as amended by this Assignment, the Area Development Agreement remains in full force and effect.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mikes's 2025 Franchise Disclosure Document, the Assignment of Area Development Agreement outlines the transfer of rights and responsibilities from an existing area developer (the Assignor) to a new entity (the Assignee). This agreement is enacted when the Assignor wishes to transfer their rights as a developer under the original Area Development Agreement to the Assignee. The Assignment of Area Development Agreement is made between A Sub Above, LLC (the franchisor), the original developer (Assignor), the new entity (Assignee), and any guarantors.
Upon execution, the Assignor transfers all rights, title, and interest in the Area Development Agreement to the Assignee. Jersey Mikes, as the franchisor, consents to this transfer, and the Assignee assumes responsibility for complying with all terms and conditions outlined in the original Area Development Agreement. The Assignment of Area Development Agreement amends the original agreement to reflect the new developer.
The Assignment of Area Development Agreement becomes part of the original Area Development Agreement. Except for the changes implemented through the assignment, the original Area Development Agreement remains in full effect. This ensures the continuity of the development plan while accommodating changes in the involved parties. The assignment document includes clauses for the franchisor, assignor, assignee, and guarantors to release each other from certain liabilities related to the Area Development Agreement and the franchised business.