What is the meaning of 'Franchisee' in the context of a Mr. Sandless franchise agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for an Mr. Sandless business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, software accounts, and use telephone listings linked to the Mr. Sandless brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Accounts
2.1 Interest in Websites, Social Media, and Software Accounts and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, software accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet websites, and the right to hyperlink to certain websites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.
2.3 Transfer.
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, a 'Franchisee' refers to the individual or entity entering into a franchise agreement with Mr. Sandless Franchise LLC ('Franchisor'). This agreement grants the franchisee the right to operate a Mr. Sandless business, which includes conducting internet-based advertising, maintaining social media and software accounts, and using telephone listings linked to the Mr. Sandless brand. The franchisee is bound by all the terms and provisions outlined in the Franchise Agreement.
The Franchise Agreement outlines the obligations and responsibilities of the franchisee, including compliance with operating standards, monetary obligations, and other agreements with Mr. Sandless. The franchisee's success is largely dependent on their own efforts, business judgment, and market conditions, and Mr. Sandless does not guarantee financial success. The franchisee is recognized as an independent business person or entity, acknowledging the economic hazards associated with operating any business.
Furthermore, the Franchise Agreement specifies that the franchisee may acquire rights and interests in electronic advertising, telephone numbers, and listings related to the franchised business. Upon termination of the Franchise Agreement, the franchisee is obligated to transfer these assets back to Mr. Sandless. The agreement also includes provisions regarding successors, assigns, and affiliates, ensuring that the franchisee's obligations are binding on these parties as well. The franchisee acknowledges that they have had the opportunity to review the agreement with their own advisors before signing.