What schedules and exhibits are included with the Mrcool Franchise Agreement that the franchisee should review?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- “Franchise Owner and Spouse Agreement and Guaranty” refers to and means the form of agreement attached to this Agreement as Exhibit 1.
[THIS EXHIBIT IS FOR REFERENCE PURPOSES ONLY AS A SAMPLE FORM CONFIDENTIALITY AGREEMENT THAT FRANCHISOR MAY APPROVE FOR USE BY FRANCHISEE – BEFORE USING WITH AN EMPLOYEE OR CONTRACTOR FRANCHISEE SHOULD HAVE THIS AGREEMENT REVIEWED AND APPROVED BY AN INDEPENDENT LOCAL ATTORNEY HIRED BY FRANCHISEE]
- “Lease Agreement Rider” refers to and means the form “Lease Agreement Rider” attached to this Agreement as Exhibit 4.
If Schedule 1 is not completed and/or is not signed by Franchisor there shall be no Designated Territory.
Franchisor recommends that Franchisee have this Agreement and the Franchise Disclosure Document reviewed by Franchisee's lawyer, accountant, and other business advisors, prior to signing this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to the 2025 Mrcool Franchise Disclosure Document, prospective franchisees should carefully review all schedules and exhibits attached to the Franchise Agreement. The agreement states that it, along with its schedules and exhibits, constitutes the entire agreement between Mrcool and the franchisee. This means all the key terms, conditions, and obligations are contained within these documents. Franchisees are advised to understand these fully, as they supersede any prior agreements. Mrcool also recommends that franchisees seek advice from their own legal, accounting, and business advisors before signing the agreement.
Specifically, Exhibit 1 is the Franchise Owner and Spouse Agreement and Guaranty, which outlines the obligations and guarantees provided by the franchise owner and their spouse. Exhibit 2 is a sample Confidentiality Agreement that Mrcool may approve for use by the franchisee with their employees or contractors; however, Mrcool advises franchisees to have this agreement reviewed and approved by an independent local attorney before using it. There is also reference to a form called the "Lease Agreement Rider" attached as Exhibit 4.
Additionally, the FDD mentions Schedule 1, which pertains to the Designated Territory. However, it notes that if Schedule 1 is not completed and signed by Mrcool, then no Designated Territory will be granted to the franchisee. It is important for the franchisee to confirm that all schedules and exhibits are present and complete before signing the agreement to ensure a full understanding of their rights and obligations under the Mrcool franchise agreement.