Nothing_Bundt_Cakes 2025 FDD FAQ

According to the Nothing Bundt Cakes franchise agreement, what rights does Nothing Bundt Cakes retain that are not expressly granted to the franchisee? aggregated_summary

Across all listed states, what is the highest number of Nothing Bundt Cakes outlets opened in a single state during 2024? aggregated_summary

As of December 29, 2024, how many franchised Nothing Bundt Cakes bakeries were operating? aggregated_summary

As of December 31, 2024, how many Nothing Bundt Cakes franchises and company-owned locations were operating in the United States? aggregated_summary

What percentage of Nothing Bundt Cakes locations met or exceeded the average net revenues? aggregated_summary

What is the total amount of fees due upon request for transfer of a Nothing Bundt Cakes franchise? aggregated_summary

What is the total estimated future amortization expense for Nothing Bundt Cakes' intangible assets? aggregated_summary

What is the total estimated initial investment range, including lease costs but not real estate purchase costs, for a Nothing Bundt Cakes franchise? aggregated_summary

What is the total future amortization expense listed for a Nothing Bundt Cakes franchise? aggregated_summary

What was the total number of Nothing Bundt Cakes franchise transfers across all states in 2022? aggregated_summary

What was the total number of Nothing Bundt Cakes franchise transfers in Florida between 2022 and 2024? aggregated_summary

What is the total number of on-the-job training hours provided to a new Nothing Bundt Cakes franchisee? aggregated_summary

Under the Nothing Bundt Cakes franchise agreement, what rights are specifically NOT included in the license granted to the franchisee? aggregated_summary

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the estimated initial investment in Item 7, considering the lack of financing options in Item 10? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the other fees potentially due as outlined in Item 6? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the ongoing royalty fees (if any) detailed in Item 6? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for earning revenue through catering services? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for future expansion through development rights? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for generating revenue through holiday-themed promotions? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for generating revenue through online ordering and delivery services? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for generating revenue through online marketing and social media campaigns? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential for generating revenue through wholesale partnerships with local businesses? comparative

What is the relationship between the initial franchise fee for Nothing Bundt Cakes in Item 5 and the potential return on investment for the franchise? comparative

What is the relationship between the initial investment for a Nothing Bundt Cakes bakery in Item 7 and the initial franchise fee detailed in Item 5? comparative

What types of businesses will a Nothing Bundt Cakes bakery compete with? comparative

Under what conditions is a Nothing Bundt Cakes franchisee prohibited from establishing a separate website? condition

According to the addendum, in which states' franchise laws are claims, including fraud in the inducement, not waivable by Nothing Bundt Cakes franchisees? conditional

According to this receipt, if you answered 'No' to questions 10-17, what are you instructed to do with the blank lines provided on this Nothing Bundt Cakes document? conditional

What actions can Nothing Bundt Cakes take if a franchisee fails to fulfill e-commerce orders or meet standards? conditional

Besides California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin, what opportunity does Nothing Bundt Cakes provide franchisees to review the Franchise Agreement and Franchise Disclosure Document? conditional

What is the condition regarding the transfer fee when transferring ownership of a Nothing Bundt Cakes franchise? conditional

What is the condition for transferring ownership of a Nothing Bundt Cakes franchise, according to the Personal Guaranty? conditional

What conditions must a Nothing Bundt Cakes franchisee meet to exercise their rights to open each additional Bakery under a Development Rights Rider? conditional

Are contributions to the Nothing Bundt Cakes Media Fund optional? conditional

What development obligations affect the term of the Nothing Bundt Cakes Development Rights Rider? conditional

Does the Nothing Bundt Cakes Development Rights Rider specify any circumstances that would shorten its term? conditional

What documentation must a Nothing Bundt Cakes franchisee provide if they fail to meet the Minimum Net Revenue Requirements? conditional

In the event of a conflict between the First Franchise Agreement and the Rider, which document's terms control for a Nothing Bundt Cakes franchise? conditional

In the event that Nothing Bundt Cakes is held responsible for a franchisee's debts and elects to pay those obligations to preserve relationships, what is the franchisee's obligation to Nothing Bundt Cakes? conditional

What is the financial penalty if a Nothing Bundt Cakes bakery fails to meet the Minimum Net Revenue Requirement? conditional

Does the Nothing Bundt Cakes franchise agreement allow for extensions to the initial 10-year term? conditional

Does the Nothing Bundt Cakes franchise agreement outline conditions under which the franchise term may be shorter than 10 years? conditional

Does the Nothing Bundt Cakes franchise agreement specify any conditions that would automatically terminate the franchise before the end of the 10-year term? conditional

Does the Nothing Bundt Cakes franchise agreement specify any conditions under which the franchisor can terminate the agreement? conditional

Does the Nothing Bundt Cakes franchise agreement specify the consequences of breaching the Development Rights Rider? conditional

Does the Nothing Bundt Cakes franchise agreement specify any dependencies on third parties that could affect the franchise term? conditional

Does the Nothing Bundt Cakes franchise agreement specify any financial thresholds that I must meet to maintain the franchise? conditional

Does the Nothing Bundt Cakes franchise agreement specify what happens if the bakery opening date is delayed? conditional

Does the Nothing Bundt Cakes franchise agreement specify any penalties for failing to open the bakery by a certain date? conditional

Can a Nothing Bundt Cakes franchisee maintain a presence on social networking sites referencing the System with permission? conditional

Is a Nothing Bundt Cakes franchisee obligated to participate in a 3PD Provider program if Nothing Bundt Cakes amends or modifies the program? conditional

Can a Nothing Bundt Cakes franchisee waive their right to a jury trial under the Washington Franchise Investment Protection Act? conditional

For Nothing Bundt Cakes franchisees in specific states, what effect does the 'No Waiver or Disclaimer or Reliance' provision have on signed acknowledgements? conditional

For Nothing Bundt Cakes franchises and franchisees/developers subject to the Wisconsin Fair Dealership Law, does the addendum supersede or supplement the disclosures in the main body of the FDD? conditional

What must a guarantor of a Nothing Bundt Cakes franchise do before changing the ownership percentage of the franchisee? conditional

What happens if Nothing Bundt Cakes does not exercise its right of first refusal but has not consented to the proposed transfer of a Nothing Bundt Cakes franchise, and the offer from the third party goes unaccepted? conditional

What happens if I fail to meet the development obligations outlined in the Nothing Bundt Cakes Development Rights Rider? conditional

For Nothing Bundt Cakes, what happens if the franchisee has not complied with each and every condition in the Rider? conditional

What happens if a Nothing Bundt Cakes franchisee fails to meet the criteria or timely exercise their right of first refusal for a ROFR site? conditional

What happens if a Nothing Bundt Cakes franchisee is required to purchase products for more than a fair price in Washington? conditional

What happens if the lease for a Nothing Bundt Cakes location does not include the Collateral Assignment of Lease? conditional

If you answered 'Yes' to questions 10-17 on this receipt, what obligation do you have regarding providing further information about Nothing Bundt Cakes? conditional

If a Nothing Bundt Cakes bakery does not meet the Minimum Net Revenue Requirements, what documentation regarding marketing efforts must be provided? conditional

If a Cooperative is established for a Nothing Bundt Cakes Bakery, is participation mandatory? conditional

If Nothing Bundt Cakes creates a webpage for my bakery, am I responsible for preparing all or a portion of the page? conditional

If Nothing Bundt Cakes develops a Proprietary Software Program, are franchisees required to implement it? conditional

If I fail to meet my development obligations, how will that affect the Nothing Bundt Cakes Development Rights Rider term? conditional

If I fail to pay sums due to Nothing Bundt Cakes or its affiliates, can I be prohibited from participating in the E-Commerce Program? conditional

If a franchisee is approved to go outside Nothing Bundt Cakes' approved master real estate broker network, what fee might they be required to pay, and what does it cover? conditional

If a Nothing Bundt Cakes franchisee cannot operate at the approved location, what must they do to qualify for renewal? conditional

If Nothing Bundt Cakes generates proceeds from alternative channels of distribution, is the company obligated to share any of those proceeds with franchisees? conditional

If the intellectual property assignment provisions in the Nothing Bundt Cakes Franchise Agreement are unenforceable, what license does the franchisee grant to the franchisor? conditional

If none of the principals are approved to serve as the Operator for a Nothing Bundt Cakes franchise, can a nonprincipal be appointed? conditional

If a spouse's financials were required for a Nothing Bundt Cakes franchisee to qualify, are they required to sign the Personal Guaranty? conditional

If the Substitute Tenant defaults under the Franchise Agreement or Lease for a Nothing Bundt Cakes franchise, what happens to the provisions outlined in this section? conditional

If Nothing Bundt Cakes terminates the franchise agreement due to a franchisee's failure to meet site selection or build-out deadlines, will the franchisee receive a refund of any fees? conditional

If a third party offers property for the purchase of a Nothing Bundt Cakes franchise, what is Nothing Bundt Cakes entitled to offer in return? conditional

Does the length of the Nothing Bundt Cakes Development Rights Rider term depend on any specific factors? conditional

Is the phone number for the Nothing Bundt Cakes location in Athens, Alabama currently available? conditional

What are the potential consequences for Nothing Bundt Cakes franchisees if the franchisor's right to use a trademark is challenged? conditional

Can Nothing Bundt Cakes prohibit a franchisee from participating in the E-Commerce Program, and if so, under what conditions? conditional

What provisions in the Nothing Bundt Cakes franchise agreement regarding statute of limitations or jury trial rights may not be enforceable in Washington? conditional

How might RCW 19.100.180 affect the franchise agreement for a Nothing Bundt Cakes franchise in Washington? conditional

What is the recommendation given regarding independent investigation and consultation with financial advisors before operating a Nothing Bundt Cakes Bakery? conditional

What royalty payment is required if a Nothing Bundt Cakes bakery fails to meet the Minimum Net Revenue Requirements? conditional

When signing the Nothing Bundt Cakes Development Rights Rider, what initial payment is required for the first Bakery, and how does that relate to the fee for additional bakeries? conditional

Can Nothing Bundt Cakes terminate the Franchise Agreement if a bakery fails to meet the Minimum Net Revenue Requirement? conditional

Are there any circumstances under which a franchisee can waive compliance with the Washington Franchise Investment Protection Act for a Nothing Bundt Cakes franchise? conditional

Is there a Confidentiality and Non-Disclosure Agreement that must be signed in connection with the application to purchase a Nothing Bundt Cakes franchise? conditional

Can the training fees for Nothing Bundt Cakes increase? conditional

Is a transfer fee required when transferring ownership of a Nothing Bundt Cakes franchise? conditional

Under what circumstances is a Nothing Bundt Cakes franchisee required to pay the franchisor's attorneys' fees? conditional

Under what circumstances related to vendor delays or issues is a Nothing Bundt Cakes franchisee excused from maintaining sufficient inventory levels? conditional

Under what circumstances is it unlawful for Nothing Bundt Cakes to repurchase a franchisee's business in Washington? conditional

Under what circumstances does the Washington Addendum apply to a Nothing Bundt Cakes franchise? conditional

Under what condition will Nothing Bundt Cakes not collect the Royalty if the franchisee is required to relocate? conditional

Under what condition can the Nothing Bundt Cakes Franchise Agreement be terminated due to failure to meet Minimum Net Revenue Requirements? conditional

Under what condition are Nothing Bundt Cakes franchisees required to participate in the E-Commerce Program? conditional

Under what condition are transfer fees collectable for a Nothing Bundt Cakes franchise transfer in Washington? conditional

Under what condition can I use my existing vehicle for Nothing Bundt Cakes deliveries, and what is the associated cost? conditional

Under what conditions, according to the Nothing Bundt Cakes Franchise Agreement, might a franchisee be liable for Brand Damages beyond the liquidated damages specified in Section 15.5? conditional

Under what conditions might Nothing Bundt Cakes charge attorneys' fees for reviewing a lease? conditional

Under what conditions is a Nothing Bundt Cakes franchisee prohibited from maintaining a separate website? conditional

Under what conditions does a Nothing Bundt Cakes franchisee have a right of first refusal for a ROFR Site? conditional

Under what conditions will Nothing Bundt Cakes grant a franchisee the right to operate additional bakeries within their territory? conditional

Under what conditions does Nothing Bundt Cakes grant a right of first refusal to establish a bakery at a ROFR Site? conditional

Under what conditions related to stock or membership interest transfers does Nothing Bundt Cakes waive its right of first refusal? conditional

Under what conditions is a release or waiver of rights considered void for a Nothing Bundt Cakes franchisee in Washington? conditional

Under what conditions will Nothing Bundt Cakes require a collateral assignment of lease? conditional

Under what conditions does Nothing Bundt Cakes reserve the right to charge a fee for site selection and lease review? conditional

Under what conditions can Nothing Bundt Cakes terminate the franchise agreement immediately if a part of the agreement is deemed invalid or unenforceable? conditional

Under what conditions would Texas legislation regulating franchises, business opportunities, or similar interests apply to matters related to the Nothing Bundt Cakes franchise agreement, franchisee-franchisor relationship, agreement validity, or System standards? conditional

Under what conditions will Nothing Bundt Cakes waive the Royalty fee if a franchisee is required to relocate due to a fire or other casualty? conditional

Under what grounds can a Nothing Bundt Cakes franchisee terminate the franchise agreement in Washington? conditional

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to attract customers and generate revenue? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to build a loyal customer base? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to compete with other businesses in the area? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage operating costs? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage inventory and minimize waste? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage staffing levels and employee scheduling? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage utility costs? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage insurance costs? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to manage property taxes? cross_section

How does the approved location for a Nothing Bundt Cakes Bakery, as determined in Item 12, impact the franchisee's ability to meet the financial thresholds required for profitability? cross_section

What are the consequences for a Nothing Bundt Cakes franchisee if they fail to comply with the franchisor's marketing guidelines, considering their obligations as detailed in Item 9? cross_section

What are the consequences for a Nothing Bundt Cakes franchisee if they fail to comply with trademark usage guidelines outlined in Item 13, considering their obligations as detailed in Item 9? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what alternative funding sources might a franchisee explore to cover the estimated initial investment in Item 7? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential benefits and drawbacks of seeking funding from friends and family? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential benefits and drawbacks of partnering with an investor to finance the initial investment? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential benefits and drawbacks of using a Small Business Administration (SBA) loan to finance the initial investment? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential benefits and drawbacks of seeking funding from a venture capital firm? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential benefits and drawbacks of using a home equity loan to finance the initial investment? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential risks associated with relying solely on personal savings to cover the estimated initial investment in Item 7? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential risks associated with using credit cards to finance the initial investment? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential risks associated with borrowing money from a high-interest lender? cross_section

Considering the lack of financing options for a Nothing Bundt Cakes franchise in Item 10, what are the potential risks associated with using retirement savings to finance the initial investment? cross_section

Considering the restrictions on product sources for Nothing Bundt Cakes in Item 8, what recourse does a franchisee have if the franchisor fails to provide adequate support as outlined in Item 11? cross_section

How does the definition of 'Approved Location' in Item 12 relate to the franchisee's ability to relocate the Bakery in the future for Nothing Bundt Cakes? cross_section

How does the definition of 'Development Rights Rider' in Item 5 relate to the franchisee's obligations to develop multiple locations for Nothing Bundt Cakes? cross_section

How does the definition of the 'Franchise Agreement' relate to the franchisee's obligations as listed in Item 9 for Nothing Bundt Cakes? cross_section

How does the definition of the franchisor in Item 1 relate to the franchisor's assistance obligations described in Item 11 for Nothing Bundt Cakes? cross_section

How does the definition of 'you' in Item 1, referring to the franchisee, relate to the franchisee's obligations as listed in Item 9 for Nothing Bundt Cakes? cross_section

How does the definition of 'NBC Franchisor LLC' in Item 1 relate to the entity responsible for providing assistance as described in Item 11 for Nothing Bundt Cakes? cross_section

Where can I find more information about the required computer hardware and software purchases for a Nothing Bundt Cakes franchise? cross_section

How does the franchisor's assistance with advertising for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligations regarding trademarks in Item 13? cross_section

How does the franchisor's assistance with advertising for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to participate in local marketing efforts? cross_section

How does the franchisor's assistance with computer systems for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to maintain accurate financial records? cross_section

How does the franchisor's assistance with computer systems for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to protect customer data and privacy? cross_section

How does the franchisor's assistance with marketing for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to maintain brand standards as outlined in Item 8? cross_section

How does the franchisor's assistance with marketing for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to track and analyze marketing campaign performance? cross_section

How does the franchisor's assistance with marketing for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to maintain a consistent brand image? cross_section

How does the franchisor's assistance with site selection for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to maintain the approved location? cross_section

How does the franchisor's assistance with site selection for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to negotiate a favorable lease agreement? cross_section

How does the franchisor's assistance with training for Nothing Bundt Cakes, as described in Item 11, relate to the franchisee's obligation to properly train their employees? cross_section

What are the implications of the litigation history of Nothing Bundt Cakes, as detailed in Item 3, on the franchisor's ability to attract qualified employees for franchisee locations? cross_section

What are the implications of the litigation history of Nothing Bundt Cakes, as detailed in Item 3, on the franchisor's ability to enforce non-compete agreements with former franchisees? cross_section

What are the implications of the litigation history of Nothing Bundt Cakes, as detailed in Item 3, on the franchisor's ability to maintain a positive relationship with existing franchisees? cross_section

What are the implications of the litigation history of Nothing Bundt Cakes, as detailed in Item 3, on the franchisor's ability to protect the brand's reputation? cross_section

What are the implications of the litigation history of Nothing Bundt Cakes, as detailed in Item 3, on the franchisor's ability to provide adequate support and services as outlined in Item 11? cross_section

How does the lack of financing offered by Nothing Bundt Cakes in Item 10 affect the franchisee's ability to meet the estimated initial investment outlined in Item 7? cross_section

How does the litigation history of Nothing Bundt Cakes in Item 3 relate to the franchisor's obligations for assistance as described in Item 11? cross_section

How do the restrictions on sources of products and services for a Nothing Bundt Cakes franchise in Item 8 affect the franchisee's ability to control costs, given the estimated initial investment in Item 7? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to negotiate favorable pricing with suppliers? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to implement cost-saving measures? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to adapt to local market preferences? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to adapt to changing dietary trends? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to offer seasonal or limited-time menu items? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to offer gluten-free or vegan options? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to offer customized cake designs? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to respond to changes in consumer demand? cross_section

How do the restrictions on sources of products and services for Nothing Bundt Cakes in Item 8 affect the franchisee's ability to source locally produced ingredients? cross_section

How does the site selection process for a Nothing Bundt Cakes Bakery, as mentioned in Item 12, relate to the restrictions on sources of products and services detailed in Item 8? cross_section

If required to relocate, how long does a Nothing Bundt Cakes franchisee have to procure a new site acceptable to the franchisor? deadline

If required to relocate, how soon after closing the existing location must a Nothing Bundt Cakes franchisee open at the new location? deadline

How long does a Nothing Bundt Cakes franchisee have to find a new location approved by the franchisor after a fire or casualty? deadline

What condition must be met for the Nothing Bundt Cakes Rider to be effective and for the franchisee to have development rights? dependency

According to the Nothing Bundt Cakes FDD, can a franchisee waive claims under state franchise law or disclaim reliance on statements made by the franchisor through signed agreements? edge_case

According to the Nothing Bundt Cakes franchise agreement, what specific parts of the agreement, if deemed invalid, give Nothing Bundt Cakes the option to terminate the agreement? edge_case

According to the receipts agreement for Nothing Bundt Cakes, what happens if a claim is made against a released party due to a purported assignment, transfer, or subrogation by the releasor? edge_case

According to the savings clause, what happens if a court determines that a notice provision in the Nothing Bundt Cakes franchise agreement is less than required by applicable law? edge_case

What constitutes misuse of taxes or other sums held for payment to third parties by a Nothing Bundt Cakes franchisee, and what are the consequences? edge_case

How is the first year Minimum Net Revenue Requirement calculated for a Nothing Bundt Cakes bakery if it opens mid-year? edge_case

Is a Nothing Bundt Cakes franchisee allowed to operate another bakery under the Nothing Bundt Cakes system, even if they are otherwise restricted from owning or being involved in competing businesses? edge_case

What franchisee rights might be limited, and potentially unenforceable in California, according to the Nothing Bundt Cakes Franchise Agreement? edge_case

For Nothing Bundt Cakes franchises sold in Wisconsin, what law supersedes any inconsistent provisions in the Franchise Agreement or related documents? edge_case

What happens if I, as a Nothing Bundt Cakes franchisee, attempt to transfer my interest in the Franchise Agreement without prior written consent from Nothing Bundt Cakes? edge_case

What happens if a Nothing Bundt Cakes franchisee fails to comply with the minimum insurance requirements? edge_case

What happens if a Nothing Bundt Cakes franchisee fails to purchase or lease an approved location within 90 days of the Effective Date? edge_case

What happens if a Nothing Bundt Cakes franchisee fails to submit the required site information within the specified timeframe? edge_case

What happens if a governmental action results in an obligation upon Nothing Bundt Cakes due to the franchisee's actions? edge_case

What happens if Nothing Bundt Cakes is unable to collect Net Revenue data through the Bakery's POS System? edge_case

If another term of the Nothing Bundt Cakes franchise agreement is found to be unenforceable, what happens to the waiver of consequential damages? edge_case

If I buy an existing Nothing Bundt Cakes bakery, will I get a full 10-year franchise term? edge_case

If the Nothing Bundt Cakes Development Rights Rider is terminated due to failure to meet the Development Schedule, what rights does the franchisee retain? edge_case

If a Nothing Bundt Cakes franchisee initiates legal action against the franchisor regarding the franchise agreement and loses, what costs are they obligated to cover? edge_case

How is the Minimum Net Revenue Requirement for a Nothing Bundt Cakes bakery calculated during its first year of operations if it opens mid-year? edge_case

What are the potential consequences for a Nothing Bundt Cakes franchisee if they or their owners violate Anti-Terrorism Laws? edge_case

Are there any circumstances under which the Nothing Bundt Cakes franchise term might be shorter than 10 years? edge_case

Under what circumstances might my contact information be disclosed to other buyers if I buy a Nothing Bundt Cakes franchise? edge_case

Under what circumstances related to Article 16 does the Nothing Bundt Cakes FDD state that trade secrets are conclusively presumed to be used? edge_case

Under what circumstances related to legal compliance will a provision in the Nothing Bundt Cakes franchise agreement be modified? edge_case

In Wisconsin, if there is an inconsistency between the Nothing Bundt Cakes Franchise Agreement and the Wisconsin Fair Dealership Law, which law prevails? edge_case

According to the FDD, are federal or state income taxes recognized in the financial statements of Nothing Bundt Cakes, and if so, what are the exceptions? exception

Are the covenants not to compete in the Nothing Bundt Cakes Franchise Agreement, which extend beyond termination, always enforceable under California law? exception

What is excluded from 'Net Revenues' for Nothing Bundt Cakes franchised bakeries when calculating the financial performance representation? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the Nothing Bundt Cakes franchise is to be operated in California? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in California? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Wisconsin? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in North Dakota? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Rhode Island? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in South Dakota? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Virginia? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Washington? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Minnesota? exception

Is the Franchisee Disclosure Acknowledgment Statement applicable if the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Michigan? exception

For Nothing Bundt Cakes franchises, what specific types of Texas legislation are explicitly stated as not applying to controversies, disputes, or claims related to the franchise agreement, franchisee-franchisor relationship, agreement validity, or System standards? exception

If the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Illinois, is the Franchisee Disclosure Acknowledgment Statement applicable? exception

If the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Indiana, is the Franchisee Disclosure Acknowledgment Statement applicable? exception

If the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in Maryland, is the Franchisee Disclosure Acknowledgment Statement applicable? exception

If the offer or sale of the Nothing Bundt Cakes franchise is subject to state franchise disclosure laws in New York, is the Franchisee Disclosure Acknowledgment Statement applicable? exception

If the prospective franchisee is a resident of Maryland, does the Franchisee Disclosure Acknowledgment Statement apply to the Nothing Bundt Cakes franchise? exception

If purchasing an existing Nothing Bundt Cakes bakery, do the questions in the Acknowledgment Statement apply to communications with the transferring franchisee? exception

When is it permissible for Nothing Bundt Cakes to repurchase a franchisee's business in Washington? exception

Does Nothing Bundt Cakes recognize federal or state income taxes in its financial statements, except for certain state franchise, excise, and margin tax? exception

When is a release or waiver of rights valid for a Nothing Bundt Cakes franchisee in Washington? exception

In which U.S. states do the franchised Nothing Bundt Cakes Bakeries included in the financial performance representation NOT operate? exception

Are there any activities that Nothing Bundt Cakes is expressly prohibited from engaging in by the franchise agreement? exception

Are there any exceptions to the standard 10-year franchise term for Nothing Bundt Cakes? exception

Can a transferee for a Nothing Bundt Cakes franchise be a licensor, independent operator, or licensee of another bakery chain? exception

Why were two Nothing Bundt Cakes bakeries excluded from the Year 1 Net Revenues data? exception

What type of legal actions related to my bakery's operation are excluded from the notification requirement to Nothing Bundt Cakes? exception

Under what circumstances, according to the Nothing Bundt Cakes Franchise Agreement, can a franchisee pursue a remedy based on alleged fraud, misrepresentation, or deceit by the franchisor? exception

Under what circumstances might a Nothing Bundt Cakes franchisee be granted an exemption from participating in a regional advertising and promotional cooperative? exception

Under what circumstances will the indemnification clause NOT apply to Nothing Bundt Cakes? exception

Under what condition can a Nothing Bundt Cakes bakery operate less than seven days a week? exception

Under what conditions are the fees paid to Nothing Bundt Cakes for the Master Architect Program refundable? exception

Under what conditions can a Nothing Bundt Cakes franchisee conduct business or offer to sell or advertise any products or services on the worldwide web? exception

When is the $10,000 payment for the Nothing Bundt Cakes Opening Advertising Program due? factual

Is the $16,034 for initial purchases from NBC Distribution refundable for a Nothing Bundt Cakes franchise? factual

As of the 2023 fiscal year end, how many Nothing Bundt Cakes bakeries were operating in the Southeast region according to the financial performance representation? factual

Why were 46 resale transactions from Fiscal Year 2024 excluded from the Nothing Bundt Cakes resale analysis? factual

Is Nothing Bundt Cakes able to modify the franchisee's territory size upon renewal of the franchise agreement? factual

Does Nothing Bundt Cakes have access to the information generated by the computer system in a franchisee's bakery? factual

According to Nothing Bundt Cakes' accounting policies, what accounting principles are the financial statements prepared in accordance with? factual

According to the agreement, what consideration is given by both parties to Nothing Bundt Cakes for the mutual promises, commitments, and understandings? factual

According to the Nothing Bundt Cakes agreement, what constitutes an individual's 'immediate family'? factual

According to the agreement, what type of company is NBC Franchisor LLC, the franchisor for Nothing Bundt Cakes? factual

According to the amortization schedule, what is the projected amortization expense for a Nothing Bundt Cakes franchise in 2028? factual

According to Article I, what does the Personal Guaranty attached to the Nothing Bundt Cakes Franchise Agreement guarantee? factual

According to Nothing Bundt Cakes, what aspects of the System are considered important for maintaining operating standards and uniformity? factual

According to the auditors, what auditing standards were followed during the audit of Nothing Bundt Cakes? factual

According to the auditor's opinion, did the financial statements of NBC Franchisor LLC (Nothing Bundt Cakes) fairly present the company's financial position? factual

According to the California Appendix, what limitations on franchisee rights in the Nothing Bundt Cakes franchise agreement may not be enforceable in California? factual

According to the Nothing Bundt Cakes confidentiality agreement, what is the condition for disclosing confidential information to an employee? factual

According to the confidentiality agreement, what is considered 'Confidential Information' regarding the Nothing Bundt Cakes franchise? factual

According to the Nothing Bundt Cakes confidentiality agreement, what may the Franchisee and/or the Company apply for if an employee violates the agreement? factual

According to the Nothing Bundt Cakes confidentiality agreement, what happens if an employee commingles any portion of the documents containing confidential information? factual

According to the Nothing Bundt Cakes confidentiality agreement, who is obligated to ensure that owners and managerial-level employees protect confidential information? factual

According to the Nothing Bundt Cakes confidentiality agreement, what right does an employee acquire in the Confidential Information? factual

According to the Nothing Bundt Cakes confidentiality agreement, what types of information are included in the proprietary and confidential information relating to the operation of the System? factual

According to the consent order, what was Nothing Bundt Cakes prohibited from doing in Maryland? factual

According to the Nothing Bundt Cakes Development Rights Rider, does it grant an independent right to use the trademarks? factual

According to the development schedule, what does a Nothing Bundt Cakes franchisee agree to do in the Development Area? factual

According to Nothing Bundt Cakes, what documents contain the standards and specifications for operating a Bakery? factual

According to the fair value measurement accounting guidance, what is the basis for determining a financial instrument's level within the fair value hierarchy for Nothing Bundt Cakes? factual

According to the Nothing Bundt Cakes FDD, where are the accounting policies disclosed that govern the recording of goodwill and intangible assets? factual

According to the Nothing Bundt Cakes FDD, what accounting principles are the financial statements prepared in accordance with? factual

According to Nothing Bundt Cakes' FDD, what accounting principles must management adhere to when preparing financial statements? factual

According to the Nothing Bundt Cakes FDD, what is the address for the Indiana Secretary of State, who serves as the agent for service of process? factual

According to the Nothing Bundt Cakes FDD, what is the address for the Maryland Securities Commissioner for service of process? factual

According to the Nothing Bundt Cakes FDD, what must all advertising prominently display? factual

According to the Nothing Bundt Cakes FDD, is arbitration conducted on an individual basis or can it be part of a class action? factual

According to the Nothing Bundt Cakes FDD, can the arbitrator consider settlement discussions or offers made by either party? factual

According to the Nothing Bundt Cakes FDD, what was Arby's Restaurant Group, Inc.'s response to the states' allegations regarding the use of provisions prohibiting the solicitation or employment of each other's employees? factual

According to the Nothing Bundt Cakes FDD, what was the date that the People of the State of California v. Arby's Restaurant Group, Inc. case was filed? factual

According to the FDD, what is the definition of 'Products' sold at a Nothing Bundt Cakes bakery? factual

According to the Nothing Bundt Cakes FDD, did Dunkin' Brands, Inc. admit to any wrongdoing in the settlement agreement? factual

According to the Nothing Bundt Cakes FDD, what did Dunkin' Brands, Inc. agree to do regarding no-poaching provisions in its franchise agreements as part of the settlement? factual

According to the FDD, what effect does a franchisee questionnaire or acknowledgement have on waiving claims under state franchise law for Nothing Bundt Cakes? factual

According to the Nothing Bundt Cakes FDD, what federal laws are franchisees prohibited from violating when marketing or advertising? factual

According to the Nothing Bundt Cakes FDD, what is a 'franchise broker' under the Washington Franchise Investment Protection Act? factual

According to the Nothing Bundt Cakes FDD, what is the franchisee acknowledging regarding the necessity of the non-competition covenants to protect? factual

According to the Nothing Bundt Cakes FDD, can a franchisee actively advertise their Bakery outside of their Territory? factual

According to the Nothing Bundt Cakes FDD, can a franchisee questionnaire or acknowledgement waive claims under state franchise law, including fraud in the inducement? factual

According to the Nothing Bundt Cakes FDD, can a franchisee waive claims under state franchise law, including fraud in the inducement, by signing a questionnaire or acknowledgment? factual

According to the Nothing Bundt Cakes FDD, where are franchisees allowed to actively advertise their Bakery, Products, and the System? factual

According to the FDD, where are franchisees permitted to use the Nothing Bundt Cakes marks? factual

According to the Nothing Bundt Cakes FDD, are franchisees prohibited from engaging in unethical conduct? factual

According to the Nothing Bundt Cakes FDD, what is included in the definition of 'Net Revenues'? factual

According to the FDD, did the legal actions against Arby's Restaurant Group, Inc. have any impact on Nothing Bundt Cakes or its brand? factual

According to the Nothing Bundt Cakes FDD, what legal recourse does the franchisor have in the event of a breach or threatened breach of the non-competition agreement by the franchisee, its principals, or their immediate family members? factual

According to the FDD, what is the management of Nothing Bundt Cakes responsible for regarding financial statements? factual

According to the Nothing Bundt Cakes FDD, how many arbitrators will hear the arbitration proceedings? factual

According to the Nothing Bundt Cakes FDD, how many weeks are encompassed in the fiscal year 2024, and how does that compare to fiscal year 2023? factual

According to the Nothing Bundt Cakes FDD, what is the name of the affiliate that entered into a settlement agreement with several states regarding no-poaching provisions? factual

According to the Nothing Bundt Cakes FDD, what is the name of the affiliate that entered into a settlement agreement with several states regarding the use of franchise agreement provisions prohibiting the solicitation or employment of each other's employees? factual

According to the FDD, over how many years does Nothing Bundt Cakes amortize goodwill? factual

According to the Nothing Bundt Cakes FDD, what is the phone number for the Office of the Attorney General Securities Division in Maryland? factual

According to the Nothing Bundt Cakes FDD, where can a prospective franchisee find the acknowledgment of receipt for the disclosure document? factual

According to the Nothing Bundt Cakes FDD, what was the purpose of the lawsuit filed by the Attorney General of California against Dunkin' Brands, Inc.? factual

According to the FDD, what is the risk of not detecting a material misstatement resulting from fraud compared to error in Nothing Bundt Cakes' financial statements? factual

According to the Nothing Bundt Cakes FDD, what does Section 41 of the Illinois Franchise Disclosure Act state regarding waivers? factual

According to the Nothing Bundt Cakes FDD, what standards must all advertising and promotional efforts by franchisees conform to? factual

According to the Nothing Bundt Cakes FDD, what did the states allege regarding the use of provisions prohibiting the solicitation or employment of each other's employees by Arby's Restaurant Group, Inc.? factual

According to the Nothing Bundt Cakes FDD, what states were involved in the settlement agreement with Arby's Restaurant Group, Inc.? factual

According to the Nothing Bundt Cakes FDD, what states and jurisdictions were involved in the settlement agreement with Dunkin' Brands, Inc.? factual

According to the FDD table, what aspects of the Nothing Bundt Cakes franchise agreement are summarized? factual

According to the Nothing Bundt Cakes FDD, what type of provision is the 'no-poaching' provision in the Dunkin' franchise agreements? factual

According to the Nothing Bundt Cakes FDD, what type of training materials must franchisees use to train their other employees? factual

According to the Nothing Bundt Cakes FDD, what types of administrative, criminal, or civil actions pending against a party would trigger disclosure requirements? factual

According to the Nothing Bundt Cakes financial performance representation, what fiscal year end is used as the basis for the average first year Net Revenues performance? factual

According to Nothing Bundt Cakes' financial statement preparation, what accounting standards are followed? factual

According to the Nothing Bundt Cakes franchise agreement, what actions are considered a transfer requiring prior written consent? factual

According to the Nothing Bundt Cakes franchise agreement, are agents, representatives, or individuals associated with the franchisor personally liable for the franchisor's obligations? factual

According to the Nothing Bundt Cakes Franchise Agreement, what does Article 8 cover? factual

According to the Nothing Bundt Cakes Franchise Agreement, how is 'book value' defined when Nothing Bundt Cakes exercises its option to purchase assets? factual

According to the Nothing Bundt Cakes Franchise Agreement, what constitutes 'Brand Damages' for which a franchisee may be liable upon early termination? factual

According to the Nothing Bundt Cakes franchise agreement, what is the definition of 'Non-Traditional Sites'? factual

According to the Franchise Agreement, what are the four requirements that a Nothing Bundt Cakes franchisee must fulfill within 270 days of the effective date? factual

According to the Nothing Bundt Cakes franchise agreement, can a franchisee use a claim against the franchisor as a defense against the enforcement of covenants in Article 16? factual

According to the Nothing Bundt Cakes franchise agreement, is a franchisee's success solely dependent on the franchisor's actions? factual

According to the Nothing Bundt Cakes Franchise Agreement, can the franchisor engage in or license activities not expressly prohibited? factual

According to the Nothing Bundt Cakes franchise agreement, can the franchisor modify the System, potentially including new products and services? factual

According to the Nothing Bundt Cakes franchise agreement, what is the general definition of 'Confidential Information'? factual

According to the Nothing Bundt Cakes Franchise Agreement, if a franchisee develops a new concept, are they compensated for it? factual

According to the Nothing Bundt Cakes franchise agreement, what laws govern controversies, disputes, or claims arising from the agreement, the relationship between the franchisee and franchisor, the validity of the agreement, or System standards? factual

According to the Nothing Bundt Cakes franchise agreement, what radius around a licensed territory is a franchisee prohibited from operating a competing business after termination or non-renewal? factual

According to the Franchise Agreement, what section covers the Nothing Bundt Cakes franchisee's obligation regarding records and reports? factual

According to the Franchise Agreement, what section covers the Nothing Bundt Cakes franchisee's obligations regarding records and reports? factual

According to the Nothing Bundt Cakes franchise agreement, what specific Guest information is considered trade secrets and Confidential Information? factual

According to the Franchise Agreement, which state's laws govern the Nothing Bundt Cakes Franchise Agreement? factual

According to the Nothing Bundt Cakes franchise agreement, what types of damages are franchisees prohibited from claiming against the franchisor? factual

According to the Franchisee Disclosure Acknowledgment Statement, what does the franchisor, NBC Franchisor LLC, desire to ascertain from a prospective Nothing Bundt Cakes franchisee? factual

According to the Franchisee Disclosure Acknowledgment Statement, who might have made unauthorized statements to a prospective Nothing Bundt Cakes franchisee? factual

According to Nothing Bundt Cakes, should a franchisee's decision to enter into the business be based on oral representations not contained in the Disclosure Document? factual

According to the Illinois addendum, what happens to any condition, stipulation, or provision purporting to waive compliance with the Illinois Franchise Disclosure Act in the Nothing Bundt Cakes franchise agreement? factual

According to the Illinois addendum, what is the limitation period for bringing an action for liability under the Illinois Franchise Disclosure Act related to a Nothing Bundt Cakes franchise? factual

According to the Item 19 financial performance representation, what was the average net revenue for Nothing Bundt Cakes bakeries in their 3rd year of operation? factual

According to the Item 19 financial performance representation, what was the median net revenue for Nothing Bundt Cakes locations? factual

According to Item 20, are the figures shown for Nothing Bundt Cakes based on the calendar year end or the franchisor's fiscal year end? factual

According to Nothing Bundt Cakes, what manual must the Bakery be operated in strict accordance with? factual

According to the Maryland addendum, which section of the Nothing Bundt Cakes Franchise Agreement is amended? factual

According to the Minnesota addendum, what does the Nothing Bundt Cakes franchisor's financial condition call into question? factual

According to Minnesota law, can the Nothing Bundt Cakes Franchise Disclosure Document or agreements reduce a franchisee's rights? factual

According to the New York addendum, where can I find information comparing franchisors before investing in a Nothing Bundt Cakes franchise? factual

According to the New York addendum, is Nothing Bundt Cakes subject to a currently effective injunctive order relating to a franchise? factual

According to the New York addendum, are there any rights or causes of action arising from Article 33 of the General Business Law of the State of New York that cannot be waived when renewing or extending a Nothing Bundt Cakes franchise? factual

According to the New York addendum, are there any rights or causes of action arising from Article 33 of the General Business Law of the State of New York that cannot be waived when transferring a Nothing Bundt Cakes franchise? factual

According to the opinion, what accounting principles were used in the preparation of the financial statements of NBC Franchisor LLC for Nothing Bundt Cakes? factual

According to the opinion, as of what date does the balance sheet of NBC Franchisor LLC audited for Nothing Bundt Cakes represent the company's financial position? factual

According to the opinion, what financial statements of NBC Franchisor LLC (doing business as Nothing Bundt Cakes) were audited? factual

According to the opinion provided, what type of financial statements of NBC Franchisor LLC (the Company) were audited for Nothing Bundt Cakes? factual

According to Part IV of Item 19, what period do the first 6 years of Net Revenues performance figures represent for Nothing Bundt Cakes franchised Bakeries? factual

According to the Personal Guaranty for Nothing Bundt Cakes, what rights are NOT conferred upon the guarantor? factual

According to Nothing Bundt Cakes, how must all products be offered and sold? factual

According to the Prospective Franchisee Agreement for Nothing Bundt Cakes, what costs is the prospective franchisee responsible for if the agreement is enforced by the Franchisor? factual

According to this receipt, did any employee of Nothing Bundt Cakes make promises about the likelihood of success of a Nothing Bundt Cakes Bakery? factual

According to this receipt, did any employee of Nothing Bundt Cakes make promises about operating costs that differ from the FDD? factual

According to this receipt, did any employee of Nothing Bundt Cakes make statements about advertising, marketing, training, support, or assistance that contradict the FDD? factual

According to this receipt, did any employee of Nothing Bundt Cakes make statements about potential revenue that contradict the FDD? factual

According to this receipt, when does the Franchise Agreement and Addendum (if any) become effective for a Nothing Bundt Cakes franchise? factual

According to this receipt, prior to signing this document, have you entered into any binding agreement with Nothing Bundt Cakes concerning the purchase of this franchise? factual

According to this receipt, prior to signing this document, have you paid any money to Nothing Bundt Cakes concerning the purchase of this franchise? factual

According to the receipt, is it a prohibited action for any employee to make promises regarding the amount of money you may earn operating a Nothing Bundt Cakes franchise that is contrary to the information contained in the Disclosure Document? factual

According to the receipt, is it a prohibited action for any employee to make statements about Nothing Bundt Cakes revenues that contradict the Disclosure Document? factual

According to the receipt, were you required to understand all information in the Nothing Bundt Cakes Disclosure Document and any state-specific addendum? factual

According to this receipt, have you spoken to any other Nothing Bundt Cakes franchisee(s) before deciding to purchase this franchise, and if so, who? factual

According to the receipts agreement for Nothing Bundt Cakes, who does the agreement bind and benefit? factual

According to Nothing Bundt Cakes, what restrictions apply to using the computer network, intranet system, or extranet system? factual

According to the sample general release agreement, what is the principal place of business for NBC Franchisor LLC, the franchisor of Nothing Bundt Cakes? factual

According to Nothing Bundt Cakes, what standards must be followed when maintaining the bakery and vehicles used in its operation? factual

According to Nothing Bundt Cakes, what standards must I maintain for my Bakery and vehicles used in its operation? factual

How does Nothing Bundt Cakes account for the gift card program in its financial statements? factual

Where are the accounting policies related to intangible assets for Nothing Bundt Cakes disclosed? factual

What accounting principles did Nothing Bundt Cakes change in 2024? factual

What accounting principles must Nothing Bundt Cakes' financial statements adhere to? factual

What accounting principles were used in the preparation of the Nothing Bundt Cakes financial statements according to the auditor's opinion? factual

Are accounting procedures considered Confidential Information for a Nothing Bundt Cakes franchise? factual

Can I acquire any ownership interest in the Confidential Information of Nothing Bundt Cakes? factual

What action did Nothing Bundt Cakes agree to regarding a franchisee in Maryland as part of the consent order with the Maryland Securities Commissioner? factual

What action must a Nothing Bundt Cakes franchisee take if a guest they deliver to outside their territory becomes located within a territory subsequently sold to another franchisee? factual

What action must a Nothing Bundt Cakes franchisee take upon receiving notice of supplier approval revocation? factual

What action should a prospective Nothing Bundt Cakes franchisee take before entering into the Franchise Agreement regarding existing uses of the Marks? factual

What action does Nothing Bundt Cakes recommend if a franchisee has questions about the franchise agreement's contents or representations made? factual

What action was Nothing Bundt Cakes required to take regarding franchise sales in Maryland as part of the consent order with the Maryland Securities Commissioner? factual

What action does Nothing Bundt Cakes take if a franchisee fails to provide the additional documentation or agreements requested? factual

Did the actions against affiliated programs have any impact on Nothing Bundt Cakes or its brand? factual

What actions constitute a breach of other agreements that could affect a Nothing Bundt Cakes franchise? factual

What actions related to bankruptcy or insolvency would cause automatic termination of the Nothing Bundt Cakes Franchise Agreement? factual

What actions related to unauthorized financial practices can lead to the termination of the Nothing Bundt Cakes Franchise Agreement? factual

What actions related to unauthorized products or suppliers can lead to the termination of the Nothing Bundt Cakes Franchise Agreement? factual

What actions can Nothing Bundt Cakes take if a franchisee refuses to fulfill e-commerce orders? factual

What actions can Nothing Bundt Cakes take to protect Our Indemnitees or the collective Bakeries within the System? factual

Does the addendum to the disclosure document for Nothing Bundt Cakes require a date to be agreed upon? factual

For additional Nothing Bundt Cakes bakeries within the Development Area, must they be open and operating by the dates specified in the Schedule, despite any contrary provision in the newly signed franchise agreements? factual

What additional fee is required for a transfer opening advertising campaign for a Nothing Bundt Cakes franchise? factual

What does the additional working capital estimate for a Nothing Bundt Cakes franchise include? factual

Does the additional working capital estimate for a Nothing Bundt Cakes franchise include a salary for the franchisee? factual

What is the address of the Franchise Bureau Office of the Attorney General in Illinois, which may be relevant to Nothing Bundt Cakes franchisees? factual

How did Nothing Bundt Cakes adjust the 'Labor' costs for bakeries that did not report Owner Payroll in their financial data? factual

Does Nothing Bundt Cakes administer an E-Commerce Program? factual

What administrative fee will a Nothing Bundt Cakes franchisee incur if the franchisor obtains insurance on their behalf due to the franchisee's failure to comply with insurance requirements? factual

What advance written notice must be provided to Nothing Bundt Cakes in the event of a material modification, cancellation, or nonrenewal of an insurance policy? factual

What advance written notice must Nothing Bundt Cakes receive of any intent to reduce policy limits, restrict coverage, cancel, or alter an insurance policy? factual

Are advertising strategies considered Confidential Information for a Nothing Bundt Cakes franchise? factual

What affiliated company performs services for NBC Franchisor LLC under a management agreement related to the Nothing Bundt Cakes franchise? factual

Can Nothing Bundt Cakes or its affiliates distribute certain products or services from affiliates in a franchisee's Territory/Development Area through channels of distribution that Nothing Bundt Cakes determines at its sole discretion? factual

Can affiliates of Nothing Bundt Cakes, including those managed by Roark Capital Management, operate businesses that sell similar goods or services? factual

Can Nothing Bundt Cakes or its affiliates operate Approved Locations at Non-Traditional Sites within a franchisee's Territory? factual

Does Nothing Bundt Cakes or its affiliates provide maintenance, updates, or upgrades to the computer systems of its franchisees? factual

Can Nothing Bundt Cakes, its affiliates, or a third party be the only approved supplier of an item? factual

What is the aggregate principal amount of the Series 2021-1 Fixed Rate Secured Notes (the "2021 Notes") issued by the Debt Issuer for Nothing Bundt Cakes? factual

What is the aggregate principal amount of the Series 2021-1 Fixed Rate Secured Notes issued by Nothing Bundt Cakes? factual

What is the aggregate principal amount of the Series 2024-1 Class A-2 Senior Secured Notes ("2024 Notes") issued by NBC Funding LLC for Nothing Bundt Cakes? factual

Is the Nothing Bundt Cakes agreement binding upon the heirs and personal representatives of both the franchisee and franchisor? factual

Does the Nothing Bundt Cakes agreement confer any rights or benefits to parties other than the franchisee, franchisor, and their permitted successors and assigns? factual

How does the Nothing Bundt Cakes agreement define 'Owner', 'owner', or 'principal'? factual

Does the agreement to develop and open Nothing Bundt Cakes bakeries apply to the Development Area? factual

Does the agreement to engage in internal dispute resolution for Nothing Bundt Cakes survive the termination of the Personal Guaranty? factual

In the Nothing Bundt Cakes agreement, what entities are included when the agreement refers to 'you' if the franchisee is an entity? factual

What agreement and guarantee must any shareholder, general partner, or member of the Controlled Entity execute to complete the transfer of a Nothing Bundt Cakes franchise interest? factual

In the agreement, what is the individual entering into the agreement with Nothing Bundt Cakes referred to as? factual

Is the Nothing Bundt Cakes agreement subject to specific terms and conditions? factual

What agreements must a Nothing Bundt Cakes franchisee be compliant with to exercise their right of first refusal? factual

Does Nothing Bundt Cakes allow franchisees to use social networking sites to reference the Nothing Bundt Cakes system without prior written permission? factual

Is Nothing Bundt Cakes allowed to license others to operate bakeries under different marks inside a franchisee's Nothing Bundt Cakes territory? factual

Is Nothing Bundt Cakes allowed to operate bakeries under different trademarks inside a franchisee's territory? factual

Is Nothing Bundt Cakes allowed to solicit and complete work for National Accounts within a franchisee's territory? factual

Am I allowed to divert business from my Nothing Bundt Cakes bakery to a competitor? factual

Am I allowed to make copies of documents containing Confidential Information related to Nothing Bundt Cakes? factual

What A.M. Best's Insurance rating is required for insurance companies providing coverage for a Nothing Bundt Cakes bakery? factual

What is the amended timeframe to cure defaults, excluding defaults for safety or security issues, for Nothing Bundt Cakes franchisees? factual

What was the amortization expense for Nothing Bundt Cakes for the 52-week period ended December 25, 2022? factual

Does the amount a Nothing Bundt Cakes franchisee spends on local marketing offset or reduce their contributions to the Production Fund and Paid Media Fund? factual

How is the amount of liquidated damages calculated for a Nothing Bundt Cakes franchise upon termination for cause? factual

What is the amount of Series 2021-1 Senior Secured Liquidity Reserve Notes, Class A-1 ('LR Notes') for Nothing Bundt Cakes? factual

What is the amount of the Series 2021-1 Variable Funding Senior Secured Notes, Class A-1 ("2021 VFN Notes") available to the Debt Issuer for Nothing Bundt Cakes? factual

What is the amount of Series 2021-1 Variable Funding Senior Secured Notes, Class A-1 ('VFN Notes') provided for Nothing Bundt Cakes? factual

Are the amounts listed in the initial investment table for a new Nothing Bundt Cakes bakery larger than 1,800 square feet refundable? factual

Do amounts spent on local marketing by a Nothing Bundt Cakes franchisee offset or reduce contributions to the Production Fund and Paid Media Fund? factual

What is Anne Marie Samson's total years of experience in the industry before working with the Nothing Bundt Cakes franchise? factual

What is the anticipated initial cost for the POS System for a Nothing Bundt Cakes franchise? factual

What is the Anticipated Repayment Date for both tranches of the 2021 Notes related to Nothing Bundt Cakes? factual

What is the Anticipated Repayment Date for both tranches of the Offered Notes issued by Nothing Bundt Cakes? factual

Is Nothing Bundt Cakes' approval required for any transfer of the Bakery? factual

Does Nothing Bundt Cakes' approval of a site constitute a warranty as to the suitability of the site? factual

Must Nothing Bundt Cakes approve all equipment and merchandising layouts for a franchisee's Nothing Bundt Cakes Bakery? factual

Who must approve the site for a Nothing Bundt Cakes bakery? factual

Can the Approved Location for a Nothing Bundt Cakes bakery be used for any purpose other than operating a bakery? factual

What is an 'Approved Location' for a Nothing Bundt Cakes franchise? factual

What was the approximate amortization expense for Nothing Bundt Cakes for the 52-week period ended December 29, 2024? factual

What is the approximate annual cost of the required service contract for POS support for a Nothing Bundt Cakes franchise? factual

What is the approximate square footage for the Nothing Bundt Cakes Bakery prototype? factual

What is the approximate square footage range for the Nothing Bundt Cakes Bakery prototype? factual

What is the approximate square footage required for a Nothing Bundt Cakes Bakery location? factual

Approximately how long does Nothing Bundt Cakes estimate it will take to open a Bakery from the effective date of the Franchise Agreement? factual

Where will arbitration or mediation take place for a Nothing Bundt Cakes franchise purchased in Washington? factual

Does the arbitration obligation under Section 23 for Nothing Bundt Cakes extend to disputes regarding any System standards, specification, procedure or policy? factual

Can a Nothing Bundt Cakes arbitration proceeding be consolidated or joined with another arbitration proceeding involving Nothing Bundt Cakes? factual

In a Nothing Bundt Cakes arbitration proceeding, what type of claim must be submitted or filed within the same proceeding as the claim to which it relates? factual

What did Arby's Restaurant Group, Inc. agree to do regarding disputed provisions in its franchise agreements as part of the settlement mentioned in the Nothing Bundt Cakes FDD? factual

Did Arby's Restaurant Group, Inc. pay any money as part of the settlement agreement described in the Nothing Bundt Cakes FDD? factual

What does the architect design cost for a Nothing Bundt Cakes franchise include? factual

What arrangements with the landlord can affect the leasehold improvement costs for a Nothing Bundt Cakes Bakery? factual

What article in the Nothing Bundt Cakes Franchise Agreement addresses site development and other pre-opening requirements? factual

What article in the Nothing Bundt Cakes Franchise Agreement covers opening procedures? factual

Which article of the Nothing Bundt Cakes Franchise Agreement is deleted in accordance with Minn. Rule 2860.4400J? factual

What article in the Nothing Bundt Cakes Franchise Agreement discusses training requirements? factual

Which article of the franchise agreement outlines the manner in which Nothing Bundt Cakes will review and approve the site for my bakery? factual

What is the article number of the Maryland Franchise Registration and Disclosure Law that the Nothing Bundt Cakes amendment references? factual

What articles in the Nothing Bundt Cakes Franchise Agreement cover site selection and acquisition/lease? factual

What aspects of a Nothing Bundt Cakes Bakery's operation are covered by the standards and specifications for appearance? factual

What aspects of food and beverage handling are subject to legal requirements for a Nothing Bundt Cakes franchise? factual

What aspects of the Nothing Bundt Cakes franchise System does the franchisor claim common law copyright and trade secret protection for? factual

What aspects of the franchisee's relationship with Nothing Bundt Cakes might be superseded by RCW 19.100.180 in Washington? factual

What assets did the Manager contribute to the Company as part of the Securitization Transaction for Nothing Bundt Cakes? factual

Does Nothing Bundt Cakes assist franchisees in preparing equipment and merchandising layouts for their Bakery? factual

What assistance are Nothing Bundt Cakes franchisees required to provide to the franchisor in obtaining intellectual property rights for new concepts? factual

What assistance are Nothing Bundt Cakes franchisees required to provide in obtaining intellectual property rights for new concepts? factual

Will Nothing Bundt Cakes assume liability for any debt or obligation I incur in their name? factual

Is attendance at the Nothing Bundt Cakes Annual Conference mandatory for franchisees? factual

During an audit of Nothing Bundt Cakes, what must the auditor evaluate regarding the accounting policies? factual

Are the audited financial statements for Nothing Bundt Cakes for a 52-week period? factual

Are the audited financial statements for Nothing Bundt Cakes for a 53-week period? factual

Has Nothing Bundt Cakes audited or independently verified the data submitted by the franchised Bakeries included in these financial performance representations? factual

When auditing Nothing Bundt Cakes' financial statements, is the auditor required to express an opinion on the effectiveness of the company's internal control? factual

When auditing the financial statements for Nothing Bundt Cakes, are the auditors expected to express an opinion on the effectiveness of the company's internal controls? factual

How do the auditors define 'material misstatements' in the context of auditing Nothing Bundt Cakes' financial statements? factual

What are auditors required to communicate to those charged with governance regarding the audit of Nothing Bundt Cakes? factual

With whom are the auditors required to communicate regarding the scope and timing of the Nothing Bundt Cakes audit? factual

What are the auditors required to evaluate regarding accounting policies used by Nothing Bundt Cakes? factual

What are auditors required to do regarding accounting policies used by Nothing Bundt Cakes? factual

When did Auntie Anne's become affiliated with GoTo Foods, an affiliate of Nothing Bundt Cakes? factual

When did Auntie Anne's predecessor begin offering franchises, in relation to Nothing Bundt Cakes? factual

When did the Auntie Anne's system become affiliated with GoTo Foods through an acquisition, in relation to Nothing Bundt Cakes? factual

What authority does a Nothing Bundt Cakes franchisee have over the day-to-day operations of the bakery? factual

What authority do I have over the day-to-day operations of my Nothing Bundt Cakes Bakery? factual

Who is authorized to receive service of process for Nothing Bundt Cakes Franchisor LLC? factual

What was the average number of years that the 459 Nothing Bundt Cakes franchised bakeries had been operating as of the end of the 2024 fiscal year? factual

For Nothing Bundt Cakes bakeries in their 5th year of operation, what was the lowest net revenue reported in the Item 19 financial performance representation? factual

For Nothing Bundt Cakes bakeries, what does 'Avg eClub Members' refer to in the Item 19 financial performance representation? factual

For Nothing Bundt Cakes bakeries that opened in 2023, what was the median Net Revenue for the 2024 fiscal year? factual

For Nothing Bundt Cakes bakeries that did not report Owner Payroll, how did the franchisor estimate Owner Payroll when calculating "Labor" costs? factual

For Nothing Bundt Cakes bakeries, what types of items must be purchased from approved suppliers? factual

For a Nothing Bundt Cakes bakery developed under this agreement, what are the requirements for the Managing Director prior to the bakery's opening date? factual

Did Bakery Holdco, an affiliate of Nothing Bundt Cakes, offer franchises in any line of business? factual

What do Bakery improvement costs for a Nothing Bundt Cakes franchise depend on? factual

For a Nothing Bundt Cakes bakery, what kind of equipment specifications will the franchisor provide for opening a bakery? factual

Where are Nothing Bundt Cakes Bakery locations typically situated? factual

What is the bakery number for the Nothing Bundt Cakes location in Conway, Arkansas? factual

What is the bakery number for the Nothing Bundt Cakes location in Plantation, Florida? factual

After a Nothing Bundt Cakes bakery opens, what is the obligation regarding guest account information for guests located within the franchisee's territory? factual

Where must each Nothing Bundt Cakes Bakery be operated from under a Development Rights Rider? factual

For each Nothing Bundt Cakes Bakery that I want to develop, do I need to send a separate application? factual

When is the balance of the initial franchise fee for each Nothing Bundt Cakes Bakery to be developed paid? factual

How are barter and exchange transactions valued when calculating 'Net Revenues' for a Nothing Bundt Cakes franchise? factual

What is the basis for calculating the Nothing Bundt Cakes renewal fee? factual

What is the basis for the two groups of Nothing Bundt Cakes bakeries analyzed in Part II of Item 19? factual

Who bears the cost if complying with changes to standards and specifications increases expenses for a Nothing Bundt Cakes franchise? factual

Who bears the cost of mandatory employee training required by Nothing Bundt Cakes? factual

Who bears the cost of mediation, including mediator and AAA fees, in a dispute involving Nothing Bundt Cakes? factual

Who bears the expense of entering into separate agreements for required computer hardware and/or software for a Nothing Bundt Cakes franchise? factual

Who bears the expense of purchasing or leasing the site for a Nothing Bundt Cakes franchise? factual

Who bears the expense of using additional, modified, or substituted Marks for a Nothing Bundt Cakes franchise? factual

Who benefits from the goodwill arising from my use of the Proprietary Materials and Marks as a Nothing Bundt Cakes franchisee? factual

What benefits are the guarantors considered to receive in exchange for signing the Personal Guaranty for a Nothing Bundt Cakes franchise? factual

Who benefits from the release agreement in addition to the parties themselves for a Nothing Bundt Cakes franchise? factual

Besides the affiliates mentioned, have any other parents, affiliates, or subsidiaries of Nothing Bundt Cakes offered franchises in any line of business? factual

Besides the E-Commerce Program, what other activities can Nothing Bundt Cakes prohibit me from participating in if I fail to pay sums due? factual

Besides in-person meetings, what other means of communication are included when defining 'Confidential Information' provided to prospective Nothing Bundt Cakes franchisees? factual

Besides interest, what other fees does Nothing Bundt Cakes charge for insufficient funds or late payments? factual

Besides what is listed in Item 11, is Nothing Bundt Cakes required to provide franchisees with any other assistance? factual

Besides the 'Nothing Bundt Cakes' mark, what other types of identifiers does Nothing Bundt Cakes use to identify the System? factual

Besides the Opening Advertising Fee, what rights does Nothing Bundt Cakes reserve regarding digital media and augmented reality advertising? factual

Besides operating another Nothing Bundt Cakes bakery, what activities are franchisees prohibited from engaging in regarding businesses that offer cakes, cookies, baked goods, or baking-related items? factual

Besides operating the Bakery, what other types of business is a Controlled Entity permitted to conduct after a Nothing Bundt Cakes franchise interest transfer? factual

Besides owning a Nothing Bundt Cakes franchise, what other activities related to a bakery are prohibited for a prospective franchisee? factual

Besides termination, what other penalty can Nothing Bundt Cakes impose for purchasing from unapproved suppliers? factual

Besides the training fee, what other expenses are Nothing Bundt Cakes franchisees responsible for when training an additional operator? factual

What bit speed for internet access is required by Nothing Bundt Cakes franchisees? factual

Can other brands affiliated with Nothing Bundt Cakes solicit and accept orders from customers near a franchisee's business? factual

Before bringing a claim or dispute before a third party, what internal dispute resolution procedure must a Nothing Bundt Cakes franchisee follow? factual

Before bringing a claim or dispute to a third party, what internal dispute resolution procedure must a Nothing Bundt Cakes guarantor exhaust? factual

Are business forms considered Confidential Information for a Nothing Bundt Cakes franchise? factual

What business risks does Nothing Bundt Cakes acknowledge are associated with purchasing a franchise? factual

How does Nothing Bundt Cakes calculate the 'Avg Online %' for its bakeries? factual

When calculating "Labor" costs for Nothing Bundt Cakes bakeries, what employee-related expenses are included? factual

Does the California Franchise Investment Law require Nothing Bundt Cakes to provide all proposed agreements with the disclosure document? factual

Can Nothing Bundt Cakes carry over unspent contributions to the Production Fund or Paid Media Fund to subsequent years? factual

When did the Carvel system become affiliated with GoTo Foods, an affiliate of Nothing Bundt Cakes? factual

When did the Carvel system become affiliated with GoTo Foods in relation to Nothing Bundt Cakes? factual

When did the Carvel system become an Affiliated Program in relation to Nothing Bundt Cakes? factual

When did Carvel's predecessor begin franchising retail ice cream shoppes, in relation to Nothing Bundt Cakes? factual

What was the case number associated with the Maryland Securities Commissioner's consent order involving Nothing Bundt Cakes? factual

What was the case number for the lawsuit filed by the People of the State of California against Arby's Restaurant Group, Inc., an affiliate mentioned in the Nothing Bundt Cakes FDD? factual

What was the case number for the lawsuit filed by the People of the State of California against Dunkin' Brands, Inc., an affiliate mentioned in the Nothing Bundt Cakes FDD? factual

After ceasing to be considered a prospective franchisee, is a person allowed to disclose confidential information about Nothing Bundt Cakes? factual

After ceasing to be considered a prospective franchisee, is a prospective franchisee still obligated to keep Nothing Bundt Cakes information confidential? factual

Can Nothing Bundt Cakes change the amount of the Technology Service Fee at any time? factual

What change was made to the benchmark base interest rate on borrowings from the 2021 VFN Notes for Nothing Bundt Cakes, and when did this change take effect? factual

Can Nothing Bundt Cakes change the products and services offered through the E-Commerce Program? factual

Does Nothing Bundt Cakes charge an initial franchise fee in connection with a transfer? factual

Can Nothing Bundt Cakes charge a monthly service fee for technology services related to the System-wide computer network, intranet, or extranet system? factual

Does the choice of law in the Nothing Bundt Cakes Franchise Agreement waive any rights conferred by the Illinois Franchise Disclosure Act? factual

Does Cinnabon, an affiliate of Nothing Bundt Cakes, license independent third parties? factual

Does Cinnabon, an affiliate of Nothing Bundt Cakes, license Seattle's Best Coffee franchises on military bases? factual

When did the Cinnabon system become affiliated with GoTo Foods through an acquisition, in relation to Nothing Bundt Cakes? factual

When did the Cinnabon system become affiliated with GoTo Foods, an affiliate of Nothing Bundt Cakes? factual

When did Cinnabon's predecessor begin franchising, in relation to Nothing Bundt Cakes? factual

In what city is the Nothing Bundt Cakes bakery with Franchise ID 0567 located? factual

In what city and state does Camille Penniman serve as Chief Legal Officer for Nothing Bundt Cakes? factual

Where must all claims not subject to arbitration be brought for Nothing Bundt Cakes franchises? factual

Is class action mediation permitted for Nothing Bundt Cakes disputes? factual

Is class action mediation permitted for disputes involving Nothing Bundt Cakes? factual

Is collaboration with a designated licensed commercial real estate broker required when selecting a site for my Nothing Bundt Cakes bakery? factual

Is a Collateral Assignment of Lease required by Nothing Bundt Cakes as part of the Franchise Agreement? factual

How does Nothing Bundt Cakes collect Royalty and advertising fees? factual

How are commissions or fees charged by third-party delivery service providers treated in the calculation of Net Revenues for a Nothing Bundt Cakes franchise? factual

How does Nothing Bundt Cakes communicate changes to the standards and specifications for operating a Bakery? factual

Is the completion of initial training for a new Nothing Bundt Cakes operator dependent on the availability of personnel? factual

What computer hardware and software components are included in the currently designated POS System for a Nothing Bundt Cakes franchise? factual

What condition applies to the Nothing Bundt Cakes premises before a transfer can occur? factual

Can Nothing Bundt Cakes condition the franchisee's right of first refusal on requirements established in the Franchise Agreement? factual

What is a condition regarding the purchase price and terms of the proposed transfer of a Nothing Bundt Cakes franchise? factual

What conditions must a Nothing Bundt Cakes franchisee meet to obtain consent for a transfer, as described on page 40? factual

What conditions must be met for a legal representative to continue operating a Nothing Bundt Cakes bakery as a franchisee after the franchisee's death, disability, or incapacitation? factual

What conditions must be met for a legal representative to continue operating a Nothing Bundt Cakes Bakery after the franchisee's death, disability, or incapacitation? factual

What conditions must be met for Nothing Bundt Cakes to review and approve a lease? factual

What conditions must be met for a settlement or compromise of a Third-Party Claim against Nothing Bundt Cakes to be valid? factual

What conditions regarding compliance with agreements must a Nothing Bundt Cakes franchisee meet to be eligible for renewal? factual

What are the conditions under which Nothing Bundt Cakes can terminate the franchise agreement with 15 days' notice and an opportunity to cure, as described in Article 14.3? factual

Does Nothing Bundt Cakes conduct an Opening Advertising Program for franchisees? factual

Where does Nothing Bundt Cakes conduct the pre-opening procedures training? factual

When Nothing Bundt Cakes conducts marketing research, is a franchisee required to purchase test products or services? factual

Can the Confidential Information be reproduced without the Nothing Bundt Cakes Franchisor's permission? factual

Does the Nothing Bundt Cakes confidentiality agreement allow the company to enforce it solely or jointly with the franchisee? factual

Does the Nothing Bundt Cakes confidentiality agreement allow employees to make copies of documents containing confidential information? factual

What does the Nothing Bundt Cakes confidentiality agreement define as the 'System'? factual

What does the Nothing Bundt Cakes confidentiality agreement require an employee to do upon the franchisee's request or termination of employment? factual

Is a Confidentiality and Non-Compete Agreement required by Nothing Bundt Cakes as part of the Franchise Agreement? factual

Does the Confidentiality and Nondisclosure Agreement for Nothing Bundt Cakes cover information provided in any format? factual

When must the Confidentiality and Non-Disclosure Agreement be signed when purchasing a Nothing Bundt Cakes franchise? factual

Does the confidentiality obligation in the Personal Guaranty for a Nothing Bundt Cakes franchise extend beyond the term of the agreement? factual