Does All County act as an agent or fiduciary for the franchisee in its relationship with an approved alternative supplier?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
We may prescribe procedures for the submission of requests for approval and impose obligations on approved suppliers, which will be incorporated in a written license agreement with the supplier. We may obtain from you and/or the approved supplier's reimbursement of our reasonable costs and expenses incurred in the approval process and on-going monitoring of the supplier's compliance with our requirements. We do not act as an agent, representative or in any other intermediary or fiduciary capacity for you in our relationship with an alternative supplier you propose and we approve. We may impose limits on the number of approved suppliers. We have the right to monitor the quality of goods or services provided by approved suppliers in a manner we deem appropriate and may terminate any supplier who does not meet our quality standards and specifications, as may be periodically in effect. We may disapprove any supplier whom we previously approved, and you may not, after receipt of notice of disapproval, reorder from any supplier we have disapproved.
We or our affiliate may be approved suppliers for any items. We formulate and modify, at our sole business judgment, specifications and standards we impose on Franchisees and suppliers. Specifications and standards are issued to Franchisees through our Operations Manual and to suppliers by written agreement. Other than us, Kwikrents, Inc., and All County Property Management and Realty, Inc., there are no other suppliers to the Franchise Business in which any of our officers owns an interest.
Source: Item 8 — Restrictions on Sources of Products and Services (FDD pages 16–19)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, All County does not act as an agent or fiduciary for the franchisee in its relationship with an approved alternative supplier. All County may prescribe procedures for submitting requests for approval and impose obligations on approved suppliers, which will be incorporated in a written license agreement with the supplier. All County may also obtain reimbursement from the franchisee or the approved supplier for reasonable costs and expenses incurred during the approval process and ongoing monitoring of the supplier's compliance.
This means that as a franchisee, you cannot rely on All County to represent your interests when dealing with alternative suppliers that you propose and All County approves. You are responsible for ensuring that the supplier meets your needs and complies with All County's requirements. All County maintains the right to monitor the quality of goods or services provided by approved suppliers and may terminate any supplier who does not meet their quality standards.
All County may also disapprove a previously approved supplier, and franchisees are prohibited from reordering from any disapproved supplier after receiving notice. This highlights the importance of carefully evaluating approved suppliers and maintaining open communication with All County regarding any concerns about their performance. All County or its affiliates may also be approved suppliers for any items, and they formulate and modify specifications and standards imposed on franchisees and suppliers at their sole business judgment.