In the Nothing Bundt Cakes Franchise Agreement, what do the terms 'we', 'us', or 'our' refer to?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned persons (individually and collectively "you") hereby represent to NBC Franchisor LLC ("Franchisor") that you are either: (a) the general partner of [insert here the name of the franchisee entity] ("Franchisee"); (b) all of the shareholders, partners, limited partners, or members in the Franchisee; or (c) the spouse of Franchisee or Franchisee's owner whose financials were required in order for Franchisee to qualify for a Nothing Bundt Cakes® franchised bakery (a "Bakery"). In consideration of the grant by Franchisor to the Franchisee of a franchise pursuant to the franchise agreement to which this Personal Guaranty is attached (the "Franchise Agreement"), each of you hereby agree, in consideration of benefits received and to be received by each of you, jointly and severally, and for yourselves, your heirs, legal representatives and assigns, to be firmly bound by all of the terms, provisions and conditions of the foregoing Franchise Agreement, and any other agreement between Franchisee and Franchisor and/or its affiliates, and do hereby uncon
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to the 2025 Nothing Bundt Cakes Franchise Disclosure Document, the terms 'we,' 'us,' and 'our' refer to NBC Franchisor LLC. This is clarified in multiple sections outlining the relationship and obligations between the franchisor and franchisee.
Specifically, NBC Franchisor LLC grants the franchise to operate a Nothing Bundt Cakes bakery under the terms and conditions outlined in the franchise agreement. The franchisor retains the right to modify the Nothing Bundt Cakes system, which includes the products and services offered, and franchisees must comply with these changes. Additionally, all trademarks, service marks, logos, and other identifiers associated with the Nothing Bundt Cakes system are owned exclusively by NBC Franchisor LLC or its affiliates.
Furthermore, the franchisor's approval is required for various aspects of the franchise operation, such as site selection and lease agreements. While Nothing Bundt Cakes may offer guidance during the leasing process, they do not negotiate leases or provide legal advice on behalf of the franchisee. The franchisor also has the right to delay the development or opening of additional bakeries if they believe the franchisee is not adequately prepared to meet the brand's standards. This control helps Nothing Bundt Cakes maintain consistency and quality across all franchise locations.