Are My Salon Suite's officers considered third-party beneficiaries of the franchise agreement?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
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| By: Name: Title: Dated: | Print Name: DATED: | |
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| Renewal Addendum) | Print Name: DATED: | # ATTACHMENT E TO THE FRANCHISE AGREEMENT |
COLLATERAL ASSIGNMENT OF LEASE AND LEASE ADDENDUM FORMS
FORM OF LEASE ADDENDUM
| TO LEASE DATED | , ("Lease") | |
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| BETWEEN | ||
| ("Landlord") | ||
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| For | ("Premises") | |
| THIS ADDENDUM Franchising, LLC ("Franchisor"), and | (the "Addendum") is entered into among Suite Management the Tenant and Landlord identified | above on |
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| Date") | ||
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WHEREAS, Tenant and Franchisor are parties to that certain Franchise Agreement (the "Franchise Agreement") pursuant to which Franchisor has granted Tenant a franchise and license to operate a My Salon Suite franchised business (the "Franchised Business") under service marks and/or other proprietary marks Franchisor may designate for use (collectively, the "Proprietary Marks") using the distinctive business methods, uniform operating systems, and trademarks that Franchisor now or hereafter requires to identify, advertise, or promote its proprietary franchise business and system (the "Franchise System");
WHEREAS, the Franchise Agreement requires Tenant to obtain Franchisor's prior written approval of the location for Tenant's Franchised Busi
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, in certain agreements, My Salon Suite's interests are protected by granting them rights as a third-party beneficiary. Specifically, in the context of a lease agreement between the franchisee (referred to as "Tenant") and the landlord, My Salon Suite (referred to as "Franchisor") requires certain provisions to be included in the lease to safeguard its interests.
This arrangement ensures that My Salon Suite has specific rights related to the leased property, even though they are not a direct party to the lease agreement. This is achieved through an addendum to the lease that incorporates provisions beneficial to My Salon Suite. The landlord and tenant agree to these provisions as a condition of My Salon Suite approving the location for the franchisee's My Salon Suite business.
This third-party beneficiary status allows My Salon Suite to enforce certain terms of the lease, providing an additional layer of protection for their brand and operational standards. It ensures that the location of the franchised business meets My Salon Suite's requirements and that the franchisor has recourse if the lease terms are violated in a way that could harm their interests. This is a common practice in franchising to maintain uniformity and protect the brand's reputation.