What is the franchisee's obligation regarding the Auntie Annes Computer System?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
nager and Director of Operations must successfully complete the Management Training Program, satisfy any other minimum standards we may require for their position, and complete additional training and On-Site Training as we may specify.
- D. Changes to Managers and Directors of Operations. You must inform us in writing of the identity of any Managers and Directors of Operations. You must notify us immediately of the death, disability, termination of employment, or replacement of any of your Managers (including any Director of Operations) and must designate a successor or acting Manager or Director of Operations within 30 days after the death, disability, or termination of the predecessor.
- 12.8 Computer System. You must promptly purchase, lease and/or license and install at the Franchised Business, at your sole expense, the computerized point-of-sale system, computer systems, mobile hardware, software, associated computer hardware, telephone lines, network connections, communications equipment, high speed internet access (e.g. DSL or cable), and other equipment that we require from time to time (the "Computer System"), all of which you must keep in good maintenance and repair. We may, in our sole discretion, provide you with project management assistance related to, and coordinate the onboarding and configuration of, your Computer System before your Franchised Business opens or, if you are acquiring an existing Franchised Business, when you assume control of such Franchised Business. You must pay us our then-current fee for such services. You must use the Computer System in accordance with our Standards. We have the right to retrieve all data from your Computer System that we deem appropriate, and we may require you to obtain polling services we specify. We or a designated Approved Supplier will be the provider for the polling services, and you must pay all polling fees or service fees charged by such provider for such polling services. If it becomes advisable at any time, in our sole discretion, for us to change, upgrade, or discontinue use of any of the components of the Computer System, you will comply with our directions, at your expense, within a reasonable time after notice to you. We will have no liability or obligation whatsoever with respect to our requirement that you modify or discontinue use of any of the components of the Computer System or any unauthorized modifications to the Computer System that you make. We may require you to enter into agreements with, and pay a reasonable fee to, us, our affiliates, or Approved Suppliers for required modifications and enhancements to the Computer System or other maintenance and support programs.
- 12.9 Customer Card Programs.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, the franchisee is responsible for purchasing, leasing, licensing, and installing the required Computer System at their own expense. This includes the point-of-sale system, computer systems, mobile hardware, software, associated computer hardware, telephone lines, network connections, communications equipment, and high-speed internet access. The franchisee must maintain the Computer System in good condition and use it according to Auntie Anne's standards. Auntie Anne's has the right to retrieve data from the Computer System and may require the franchisee to use specified polling services, for which the franchisee must pay the associated fees.
Auntie Anne's may provide project management assistance for the Computer System's onboarding and configuration, for which the franchisee must pay a fee. If Auntie Anne's decides to change, upgrade, or discontinue any components of the Computer System, the franchisee must comply with these directions at their own expense within a reasonable time after receiving notice. However, Auntie Anne's assumes no liability for requiring modifications or discontinuance of Computer System components, or for any unauthorized modifications made by the franchisee.
The franchisee must fully participate in any Customer Card Programs that Auntie Anne's develops or designates to support and promote the System, at the franchisee's expense. This includes installing any necessary acceptance systems, hardware, and software for these programs to operate with the Computer System. The franchisee is also responsible for obtaining required services and supplies and paying all associated fees charged by Auntie Anne's, its affiliates, or Approved Suppliers in connection with these Customer Card Programs.
In summary, the franchisee bears the primary responsibility for the Computer System, including costs of purchase, installation, maintenance, upgrades, and compliance with Auntie Anne's standards and any required changes. They must also participate in Customer Card Programs and cover the related expenses. This arrangement places the financial burden and operational responsibility for the Computer System on the franchisee, while Auntie Anne's retains the right to mandate changes and access data.