In the Stretch Zone franchise agreement, what is the definition of a 'Designated Representative'?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
"Designee" means one or more of our representatives who are independent contractors that we appoint to perform certain of our duties under this Agreement as described in ARTICLE 2.
(iii) The Board of Directors (Management Committee) and Shareholders (Members) of the Business Entity approve the assumption of this Agreement, authorize an officer or manager to sign a joinder agreement or assumption of this Agreement and appoint a Designated Representative.
(c) E-mail Address and Accounts. We provide you a store e-mail address, use of which is limited to Franchise Owners, the Designated Representative and your Regional Manager. We have established reasonable standards for e-mail accounts and their use, which we may periodically revise. You will have reasonable time within which to upgrade when standards change. From timeto-time, we will send important information to your Stretch Zone e-mail address. In order to stay informed on developments affecting the Business System and your Franchise Business, you agree to check your e-mail at least daily except for Sundays. You must respond to any request we send to you by e-mail that re
Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)
What This Means (2025 FDD)
According to the 2025 Stretch Zone Franchise Disclosure Document, a 'Designated Representative' has two definitions, depending on the context. First, in the context of the Area Development Agreement, a 'Designee' means one or more of Stretch Zone's representatives who are independent contractors that Stretch Zone appoints to perform certain of their duties under the agreement.
Second, in the context of transferring a franchise to a business entity, the Board of Directors (Management Committee) and Shareholders (Members) of the Business Entity must approve the assumption of the Franchise Agreement, authorize an officer or manager to sign a joinder agreement or assumption of this Agreement and appoint a Designated Representative.
Additionally, Stretch Zone provides a store e-mail address for use by Franchise Owners, the Designated Representative, and the Regional Manager. Franchisees are expected to check this email daily and respond promptly to requests, ensuring they stay informed about developments affecting the Business System and their Franchise Business.