What are some examples of changes Auntie Annes may make to the Manuals or Standards?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
We will communicate changes in the Standards or the Manuals in writing or electronically to you, as we deem appropriate.
You must immediately adopt and use any Supplements to the Manuals.
All Supplements to the Manuals are binding on you as if they were part of the Manuals previously provided to you.
It is your responsibility to monitor for Supplements to the Manuals and maintain a current and up-to-date copy of the Manuals at your Franchised Business at all times.
If there is any dispute as to your compliance with the Manuals, then the master copy of the Manuals we maintain will control.
All references in this Agreement or otherwise to the Manuals will include any and all Supplements to the Manuals.
You acknowledge that changes in the Standards or Manuals may obligate you to invest additional capital in the Franchised Business and/or incur higher operating costs.
- 8.4 Variances.
You agree that complete uniformity under many varying geographic and other conditions, and over extended spans of time, is not practical and may be detrimental to the System, and that as a result: (i) we may vary the Standards for any franchisee as we deem necessary; (ii) we may grant franchises using the System under terms that may differ materially from the terms of this Agreement; and (iii) our obligations and rights with respect to our various franchisees may differ materially from our obligations and rights with respect to you, without in any way affecting our rights with respect to you.
You will have no right to require that we disclose any variation to you or that we grant you the same or a similar variation.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, Auntie Annes has the right to change the Standards or Manuals as they deem necessary. These changes will be communicated to the franchisee in writing or electronically. Franchisees must immediately adopt and use any supplements to the manuals, and these supplements are binding as if they were part of the original manuals. It is the franchisee's responsibility to monitor for supplements and maintain an up-to-date copy of the manuals at their franchised business. The master copy of the manuals maintained by Auntie Annes will control in case of any dispute. All references to the manuals include any and all supplements.
Auntie Annes may also vary the standards for any franchisee as they deem necessary. They may grant franchises using the system under terms that differ materially from the standard agreement. Auntie Annes's obligations and rights with respect to its various franchisees may differ materially from its obligations and rights with respect to an individual franchisee, without affecting its rights with respect to that franchisee. The franchisee has no right to require Auntie Annes to disclose any variation or grant them the same or a similar variation.
These changes may obligate the franchisee to invest additional capital in the franchised business and/or incur higher operating costs. While complete uniformity is not practical due to varying geographic and other conditions, Auntie Annes retains ownership of all proprietary rights in the system and the manuals. The franchisee must treat the manuals and the information within them as confidential information.