What schedules and exhibits are included in the Mrcool Franchise Agreement?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
AGES SHALL CONTINUE IN FULL FORCE AND EFFECT.
18.K. WAIVER OF JURY TRIAL
FRANCHISOR AND FRANCHISEE IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER A LEGAL ACTION, IN MEDIATION, OR IN ARBITRATION.
18.L. BINDING EFFECT
This Agreement is binding upon the parties of this Agreement and their respective executors, administrators, heirs, assigns and successors in interest, and shall not be modified except by written agreement signed by both Franchisee and Franchisor.
18.M. COMPLETE AGREEMENT
This Agreement, and the Schedules and Exhibits to this Agreement, as executed and, as applicable, constitute the entire, full and complete Agreement between Franchisor and Franchisee concerning the subject matter of this Agreement and supersedes all prior related agreements between Franchisor and Franchisee. The foregoing shall not constitute and does not constitute any disclaimer as to the express representations made by Franchisor in the Franchise Disclosure Document disclosed to Franchisee in connection with this Franchise Agreement.
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18.N. ATTORNEY FEES AND EXPENSES
Franchisee agrees that in the event that an arbitrator in any arbitration proceeding and/or, a court of competent jurisdiction shall issue an award, judgment, decision and/or order finding, holding and/or declaring Franchisee's breach of this Agreement than Franchisor shall also be entitled to the recovery of all reasonable attorney fees, costs and expenses associated with and/or related to such arbitration and/or litigation. Said fees, costs and expenses shall include, but not be limited to, attorney fees, arbitration fees, arbitrator fees, deposition expenses, expert witness fees and filing fees.
**18.O.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to the 2025 Mrcool Franchise Disclosure Document, the Franchise Agreement includes schedules and exhibits. Specifically, Exhibit 1 is the Franchise Owner and Spouse Agreement and Guaranty. This agreement is entered into by the owner of the franchise and their spouse, if applicable. Mrcool requires this agreement to ensure that both parties understand their obligations and responsibilities to Mrcool. Mrcool also wants to make sure that both parties are committed to the success of the franchise.
Exhibit 2 is a sample Confidentiality Agreement. Mrcool states that this exhibit is for reference purposes only and is a sample form that Mrcool may approve for use by the franchisee. Mrcool recommends that the franchisee have this agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. This is to ensure that the agreement complies with all applicable laws and regulations.
Exhibit F is the Multi-Unit Development Agreement. This agreement is used when a franchisee is developing more than one Mrcool location. The agreement and its schedules and exhibits are copyrighted by The Internicola Law Firm, PC. Mrcool requires this agreement to ensure that the franchisee is committed to developing multiple locations and that Mrcool has the right to approve the locations and the development schedule.
In addition to the exhibits, the Mrcool Franchise Agreement also includes schedules. The agreement states that it, along with its schedules and exhibits, constitutes the entire agreement between Mrcool and the franchisee. This means that all prior agreements between Mrcool and the franchisee are superseded by the Franchise Agreement. The agreement also states that it does not constitute any disclaimer as to the express representations made by Mrcool in the Franchise Disclosure Document.