Is Advanced Mobile Iv And Amiv obligated to grant variances to franchisees?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
to time, we may allow certain franchisees to depart from normal system standards and routines to experiment with or test new products, equipment, designs, and procedures. In no event will any variance or testing be deemed a waiver of any of our rights, or an excuse for you to not perform any of your duties under this Agreement. We may require you at any time to commence full compliance with the Operations Manual and the Licensed Methods. We will not be required to grant any variance to you under any circumstances. You will not require us to disclose or grant to you a like or similar variation.
Any improvements, modifications or additions which we make to Licensed Methods or to the Marks, or which become associated with Licensed Methods, including ideas suggested or initiated by you, will inure to our benefit, and become our exclusive property. You assign to us or our designee all intellectual property rights, including all copyrights, in and to any improvements or works which you may create, acquire or obtain in operating your franchise business. You agree that we may use, and authorize others to use, improvements which you suggest, initiate or originate without compensation to you and without your permission. You understand and agree that nothing in this Agreement constitutes or will be construed as our consent or permission to you to modify the Licensed Methods or the Marks. Any modification which you desire to propose or make will require our prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Advanced Mobile Iv And Amiv Franchise Disclosure Document, Advanced Mobile Iv And Amiv is not required to grant any variances to franchisees under any circumstances. However, Advanced Mobile Iv And Amiv may, from time to time, allow certain franchisees to deviate from standard system procedures to experiment with or test new products, equipment, designs, and procedures.
This means that as a franchisee, you cannot demand or expect Advanced Mobile Iv And Amiv to approve any deviations from the established operational standards. While Advanced Mobile Iv And Amiv might permit some franchisees to test new approaches, this does not set a precedent or create an obligation for them to allow similar variances for all franchisees.
Advanced Mobile Iv And Amiv retains the right to enforce full compliance with the Operations Manual and Licensed Methods at any time, even if a franchisee has previously been granted a variance for testing purposes. Furthermore, any improvements, modifications, or additions made to the Licensed Methods or Marks, including those suggested by a franchisee, become the exclusive property of Advanced Mobile Iv And Amiv. Franchisees are not entitled to compensation or permission for the use of their suggested improvements by Advanced Mobile Iv And Amiv or other franchisees.
Therefore, franchisees must obtain prior written consent from Advanced Mobile Iv And Amiv for any modifications they wish to propose or make to the Licensed Methods or Marks. This ensures that Advanced Mobile Iv And Amiv maintains control over its brand standards and operational procedures, while franchisees must adhere to the established system unless explicitly granted permission to deviate for testing purposes.