Who does the Kitchen Solvers franchise agreement bind and benefit, besides the original parties?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- cabinet levers
- (1) Lazy Susan leveler
- (1) Drill bit
Installation Training
(1) Covers 2 people; extra $250 per attendee
TOTAL SUPPLIES PACKAGE………………………$5,900
Appendix D to the Franchise Agreement
Assignment of Telephone Numbers
| and all of your Kitchen Solvers businesses ("telephone numbers"). this assignment, unless we desire to take possession and control over the telephone numbers. | This assignment is effective as of the date of termination of the Franchise Agreement entered into between KS La Crosse Investments, LLC ("us") and ("you"). You hereby irrevocably assign to us or our designee the telephone number or numbers and listings issued to you with respect to each This assignment is for collateral purposes only and we have no liability or obligation of any kind whatsoever arising from |
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| that publishes telephone directories ("telephone companies"), to transfer regarding the telephone numbers. | We hereby are authorized and empowered upon termination of the Franchise Agreement and without any further notice to you to notify the telephone company, as well as any other company the telephone numbers to us or such other person or entity as we designate. You hereby grant to us an irrevocable power of attorney and appoint us as your attorney-in-fact to take any necessary actions to assign the telephone numbers, including but not limited to, executing any forms that the telephone companies may require to effectuate the assignment. This assignment is also for the benefit of the telephone companies, and the telephone companies may accept this assignment and our instructions as conclusive evidence of our rights in the telephone numbers and our authority to direct the amendment, termination or transfer of the telephone numbers, as if they had originally been issued to us. In addition, Franchisee agrees to hold the telephone companies harmless from any and all claims against them arising out of any actions or instructions by KS La Crosse Investments, LLC |
| FRANCHISEE: | KS LA CROSSE INVESTMENTS, LLC |
| By: | By: |
Its: Its:
Appendix E to the Franchise Agreement
Collateral Assignment of Lease
COLLATERAL ASSIGNMENT OF LEASE
THIS COLLATERAL ASSIGNMENT OF LEASE is made as of the last date below written by and among ("Tenant"), KS LA CROSSE INVESTMENTS, LLC ("Franchisor"), and ("Landlord"). WHEREAS, Tenant is the tenant under a certain lease (or sublease), dated (the "Lease"), wherein Landlord leased to Tenant certain premises at (the "Premises"); and WHEREAS, Tenant and have, or will, enter into a Franchise Agreement (the "Franchise Agreement"), whereby will grant to Tenant the right to open and operate a KITCHEN SOLVERS® franchised business under Franchisor's system at the Premises; and WHEREAS, as a condition to entering into the Franchise Agreement, has required that Tenant assign its right, and interest in the Lease, with the right to reassign (as provided therein), as security for Tenant's obligations and Franchisor's rights under the Franchise Agreement;
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the franchise agreement has implications for parties beyond the immediate franchisee and franchisor. Specifically, principal owners of a Kitchen Solvers franchise that is a corporation, partnership, or other entity are required to execute a form of undertaking and guarantee, making them Personal Guarantors of the franchisee's obligations. This means that these individuals are personally liable for the financial and contractual obligations of the franchise. Furthermore, any person or entity that becomes a principal owner after the agreement's date must also execute this guarantee as a condition of ownership. This ensures that Kitchen Solvers has recourse to the personal assets of the owners, not just the business assets, in case of default.
Additionally, upon termination of the franchise agreement, Kitchen Solvers is authorized to notify telephone companies to transfer the franchisee's telephone numbers to Kitchen Solvers or its designee. The franchisee grants Kitchen Solvers an irrevocable power of attorney to take necessary actions for this transfer, including executing any required forms. This assignment of telephone numbers benefits the telephone companies as well, as they may accept Kitchen Solvers' instructions as conclusive evidence of their rights to the telephone numbers. The agreement also includes a clause to hold the telephone companies harmless from any claims arising from Kitchen Solvers' actions or instructions regarding the telephone numbers.
In summary, while the Kitchen Solvers franchise agreement is primarily between the franchisor and franchisee, it also directly affects principal owners who must act as guarantors, and it involves telephone companies in the transfer of telephone numbers upon termination. Prospective franchisees should be aware of these extended obligations and ensure that all principal owners are fully informed of their responsibilities as guarantors. Franchisees should also understand the implications of the telephone number assignment upon termination of the agreement.