Is an Alloy franchisee obligated to conform to changes Alloy makes to the Manual periodically?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge having received one copy of the Operations Manual on loan from us for the term of this Agreement. The Operations Manual is at all times our sole property. You must at all times treat the Operations Manual, and the information it contains, as secret and confidential, and must use all reasonable efforts to maintain such information as secret and confidential. We may from time to time revise the contents of the Operations Manual and you expressly agree to comply with each new or changed requirement. You must at all times ensure that your copy of the Operations Manual is kept current and up to date, and in the event of any dispute as to the contents of said Operations Manual, the terms of the master copy of the Operations Manual that we maintain are controlling. You acknowledge and agree that in the future the Operations Manual and other system communications may only be available on the Internet or other online or computer communications.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, franchisees must comply with any revisions Alloy makes to the Operations Manual. The franchisee receives a copy of the Operations Manual on loan for the term of the agreement, and this manual remains Alloy's property. Franchisees are obligated to treat the Operations Manual and its contents as confidential and must make every effort to keep the information secret.
Alloy retains the right to revise the Operations Manual periodically, and franchisees expressly agree to comply with each new or changed requirement. Franchisees must ensure their copy of the Operations Manual is current. In case of any dispute about the contents of the Operations Manual, the terms of the master copy maintained by Alloy will be controlling.
This requirement ensures that all Alloy facilities operate under a consistent set of standards and procedures, which is typical in franchising. Increasingly, franchisors are transitioning to online or digital formats for their operations manuals and other system communications, and Alloy specifies that the Operations Manual may be available on the Internet or other online or computer communications in the future.