During the first year of the initial term, is an All States M.E.D. franchisee required to make expenditures for system modifications?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee recognizes that from time to time, Franchisor may introduce, as part of the System, other methods or technology which require certain System modifications including, without limitation, the adoption and use of modified or substitute Marks, new computer hardware and software, equipment or signs. Franchisee agrees to make all required upgrades and modifications at its expense as may be required by Franchisor; provided, however, that Franchisee shall not be required to make any expenditures during the first year of the initial term or any expenditures which are unreasonably disproportionate to Franchisee's initial investment to establish the Franchised Business during the initial term. If such additional investment is required to be made in the last year of the initial term, Franchisee may avoid making the investment by providing notice of intent not to renew the Franchise unless the investment is in connection with a modification to the System required by law or court order. Franchisee acknowledges that any required expenditures for changes or upgrades to the System shall be in addition to expenditures for repairs and maintenance as required in Section 13.2 of this Agreement. Notwithstanding the foregoing, Franchisee shall be required to make any and all improvements or modifications whenever such are required by law, regulation, agency decision or court order.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, a franchisee is not required to make expenditures for system modifications during the first year of the initial term. However, All States M.E.D. may introduce new methods or technology that require system modifications, such as modified trademarks, new computer hardware/software, equipment, or signs.
Despite the initial one-year grace period, the franchisee is responsible for covering the costs of all required upgrades and modifications. There is an exception if the expenditures are unreasonably disproportionate to the franchisee's initial investment to establish the franchised business during the initial term.
Even with these stipulations, the franchisee is obligated to make any and all improvements or modifications whenever required by law, regulation, agency decision, or court order, regardless of the timing or cost. These expenditures for system changes are in addition to the costs for regular repairs and maintenance.