What is the Aw franchisee's obligation regarding cooperation during an audit?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to fully cooperate with our representatives and independent accountants we may hire to conduct any inspection or audit.
If any inspection or audit discloses an understatement of the gross revenue of the Papa Ray's Pizza Restaurant, you agree to pay us, within ten (10) days after receipt of the inspection or audit report, the marketing contributions due, plus interest on the amount of the understatement (at the rate and on the terms provided in Paragraph 10.6) from the date originally due until the date of payment.
Further, if the inspection or audit is made necessary by your failure to furnish the reports, supporting records, other information or financial statements required by this Agreement, or to furnish those reports, records, information or financial statements on a timely basis, or discloses an understatement of the Gross Revenue of the Papa Ray's Pizza Restaurant of greater than two percent (2%) for any period, you agree to reimburse us for the cost of such inspection or audit, including, without limitation, the charges of attorneys and any independent accountants, and the travel expenses, room and board and applicable per diem charges for our employees.
The above remedies are in addition to all our other remedies and rights under this Agreement or under applicable law.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees must fully cooperate with Aw's representatives and independent accountants during inspections or audits. These audits are conducted to ensure compliance with the franchise agreement, specifications, standards, and operating procedures. However, employment records for the franchisee's employees are excluded from these inspections and audits.
If an audit reveals that the franchisee has understated their gross revenue, they are obligated to pay Aw the due marketing contributions, along with interest on the understated amount. This payment must be made within ten days of receiving the audit report. The interest is calculated from the original due date until the date of payment, based on the terms outlined in Paragraph 10.6 of the franchise agreement.
Furthermore, Aw franchisees may be responsible for covering the costs of the inspection or audit if it was necessitated by their failure to provide required reports, records, information, or financial statements on time. The franchisee will also be responsible for the costs if the audit reveals an understatement of gross revenue exceeding two percent for any period. These costs can include charges for attorneys and independent accountants, as well as travel expenses, room and board, and per diem charges for Aw's employees. These remedies are in addition to any other rights Aw has under the agreement or applicable law.
This obligation to cooperate and potentially cover audit costs underscores the importance of maintaining accurate records and adhering to Aw's reporting requirements. Franchisees should ensure they have robust accounting practices in place to avoid discrepancies and ensure timely submission of all required documents.