Upon whom is the Precision Door Service agreement binding?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
This Franchise Agreement (the "Agreement") is made as of the Effective Date by and between PRECISION DOOR SERVICE SPV LLC, a Delaware limited liability company with its principal business located at 2395 Washington Avenue, Suite 5, Titusville, Florida 32780 ("we", "us" or "Franchisor"), and the person or entity (the "Franchisee" or "you") identified as Franchisee on the Data Sheet attached as Schedule A (together with addenda attached thereto, the "Data Sheet"). If the Franchisee is a corporation, partnership, limited liability company or other legal entity, the provisions of this Agreement also apply to its owners.
EACH PERSON SIGNING THIS AGREEMENT REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED TO BIND THE RESPECTIVE PARTY TO THIS AGREEMENT. THIS AGREEMENT IS NOT BINDING OR ENFORCEABLE UNTIL WE SIGN IT.
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to Precision Door Service's 2025 Franchise Disclosure Document, the franchise agreement is binding between Precision Door Service SPV LLC, identified as the Franchisor, and the person or entity identified as the Franchisee on the Data Sheet. If the franchisee is a corporation, partnership, limited liability company or other legal entity, the provisions of the Agreement also apply to its owners. Additionally, each person signing the agreement represents and warrants that he or she is authorized to bind the respective party to this agreement. The agreement is not binding or enforceable until Precision Door Service signs it.
This means that the individual franchisee, or the legal entity they establish for the business (if applicable), is legally bound to the terms outlined in the franchise agreement. If the franchisee operates under a corporate structure, the owners of that entity are also bound by the agreement's terms. This ensures that all parties involved, including the franchisor and franchisee, are committed to upholding the obligations and responsibilities detailed in the franchise agreement.
Furthermore, the FDD emphasizes that only authorized individuals can legally bind a party to the agreement. This protects both Precision Door Service and the franchisee by ensuring that the person signing has the authority to do so. The stipulation that the agreement is not binding until Precision Door Service signs it provides an additional layer of security, confirming that the franchisor has also formally agreed to the terms and conditions. Prospective franchisees should carefully review the Data Sheet and ensure they understand their obligations and rights under the agreement.