Can the Franchisor change or improve the All States M.E.D. System?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
n economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
2. GRANT OF FRANCHISE; APPROVED FRANCHISED BUSINESS
2.1 Grant
Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained and subject to this Agreement, the right, license, and privilege to operate an All States M.E.D. Business, and Franchisee hereby accepts a franchise under the terms and conditions stated here to operate a Business that has been assigned a protected territory as in Section 2.4 (referred to as the "Territory"). Along with the right to use solely in connection therewith the Franchisor's Names and Mark, Services, Products, its advertising and merchandising methods, and Franchisor's System, as they may be changed or improved and/or further developed from time to time, only at the accepted location of the Franchisee's Business as in Section 2.2, and provided the Franchisee shall adhere to the terms and conditions hereof.
It is understood and agreed that, except as expressly provided herein or in any other executed agreement, this franchise includes no right of Franchisee to sub franchise.
Except as provided in this Agreement, Franchisee shall be free to use the materials provided by Franchisor in the manner that Franchisee, in Franchisee's sole and absolute discretion, deems most appropriate for the operation of an All States M.E.D. Franchise, provided that Franchisee shall not violate any applicable law, regulation or provision of this Agreement in exercising such discretion.
2.2 Franchised Business
| X | Josino (“Joe”) Ferreira, 6157 NW 167th Street, Suite F15, Miami Lakes, FL 33015 | 877-255-1699 | |
|---|---|---|---|
| X | Lee Majidimehr, Franchise Creator, LLC, 7300 N. Kendall Drive, Suite 340, Miami, Florida 33156 | 305-592-9229 | |
| X | Miriam Mesa de Francisco, Franchise Creator, LLC, 7300 N. Kendall Drive, Suite 340, Miami, Florida 33156 | 305-592-9229 | |
| X | Michael Neira, Franchise Creator, LLC, 7300 N. Kendall Drive, Suite 340, Miami, Florida 33156 | 305-592-9229 | |
| #### 2.3 Sub-Franchising/Agents |
Franchisee shall not sublicense the use of the System or Marks to any person or entity. Except as permitted in Section 18, Franchisee shall not grant any person or entity the right to perform any part of Franchisee's rights or obligations licensed hereunder.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, All States M.E.D. has the right to change or improve its system. The franchise agreement grants the franchisee the right to use All States M.E.D.'s system, including names, marks, services, products, advertising and merchandising methods, as they may be changed or improved and/or further developed from time to time.
The FDD states that All States M.E.D. may introduce new methods or technology that require system modifications, such as modified marks, new computer hardware and software, equipment, or signs. The franchisee is generally responsible for the costs of these upgrades and modifications. However, the franchisee will not be required to make such 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.
All States M.E.D. also has the right to vary standards or specifications for any franchisee based upon that particular franchisee's qualifications, the peculiarities of the particular site or circumstances, the demographics of the trade area, business potential, existing business practices or any other condition which All States M.E.D. deems to be of importance to the successful operation of any particular All States M.E.D. Business. All States M.E.D. is not required to disclose or grant to Franchisee a like or similar variance.
As a practical matter, this means that franchisees must remain adaptable and willing to invest in updates to remain compliant with All States M.E.D.'s evolving standards. Franchisees should factor in potential future costs for upgrades when assessing the financial viability of the franchise. Franchisees should also be aware that All States M.E.D. can customize standards for individual locations without extending the same variances to others.