How will Auntie Annes provide the Manuals and any Supplements to the Manuals to the franchisee?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
SOURCED PRODUCTS THAT WE OR OUR AFFILIATES PROVIDE, LIMITED TO THE PURCHASE PRICE OF SUCH SOURCED PRODUCTS, PLUS SHIPPING COSTS, IF ANY, YOU PAID; OR, AT OUR OR OUR AFFILIATES' OPTION, THE REPLACEMENT OF SUCH SOURCED PRODUCTS. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, MULTIPLIED, EXEMPLARY, OR PUNITIVE DAMAGES FOR ANY MATTER STATED IN THIS SECTION 7 (GOODS AND SERVICES), REGARDLESS OF THE DIRECT OR INDIRECT CAUSE OF THE DAMAGES. This disclaimer of warranties does not affect any claims you may have against third party manufacturers or Suppliers of any Sourced Products.
8. COMPLIANCE WITH THE SYSTEM AND MANUALS
8.1 Manuals. We will lend you one hard copy of, or grant you electronic or other access to, the Manuals during the Term. We may provide the Manuals, and any Supplements to the Manuals (defined below), to you in hard copy or electronically via applications for mobile devices, DVD,
intranet, other storage media, electronic mail, video, the Internet, or other electronic formats. If any content of the Manuals conflicts with the terms of this Agreement, this Agreement will control. You may be required to pay a license fee to use the software necessary to access the Manuals.
- 8.2 Compliance with the System. You agree that: (i) every component of the System is vital to us, to your Franchised Business, and to the Businesses our other franchisees operate; and (ii) your compliance with the System is of the essence to this Agreement. You therefore agree that you will conduct all activities and operations of your Franchised Business in strict compliance with the System, including the Standards and the Manuals, as though specifically stated in this Agreement. You must promptly address any customer complaints in accordance with our Standards as specified in the Manuals.
- 8.3 Changes to the Standards and the Manuals. We may make additions to, deletions from, and modifications to the Manuals ("Supplements") or Standards from time to time in any form or fashion, including (i) altering the Approved Products, accounting and computer systems, forms, policies, and procedures of the System; (ii) adding, modifying, or substituting the equipment, signs, trade dress, and other Business characteristics that you are required to use or display (subject to the limitations set forth in this Agreement); (iii) implementing new programs and policies, which may require you to incur additional expenses, purchase new equipment or supplies, or pay additional reasonable fees; and (iv) changing, improving, modifying, or substituting for the Marks. 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.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, Auntie Annes will lend the franchisee one hard copy of, or grant electronic or other access to, the Manuals during the term of the franchise agreement. Auntie Annes may provide the Manuals, and any Supplements to the Manuals, to the franchisee in hard copy or electronically via applications for mobile devices, DVD, intranet, other storage media, electronic mail, video, the Internet, or other electronic formats.
It is the franchisee's responsibility to monitor for Supplements to the Manuals and maintain a current and up-to-date copy of the Manuals at the Franchised Business at all times. If there is any dispute as to the franchisee's compliance with the Manuals, then the master copy of the Manuals Auntie Annes maintains will control. All references in the Agreement or otherwise to the Manuals will include any and all Supplements to the Manuals.
Changes to the Standards or the Manuals will be communicated in writing or electronically to the franchisee, as Auntie Annes deems appropriate. The franchisee must immediately adopt and use any Supplements to the Manuals. The franchisee acknowledges that changes in the Standards or Manuals may obligate them to invest additional capital in the Franchised Business and/or incur higher operating costs. The franchisee agrees that Auntie Annes owns all proprietary rights in and to the System and the Manuals, and the Manuals will at all times remain Auntie Annes's property.