If Aw performs maintenance or refurbishing on behalf of the franchisee, is the franchisee obligated to reimburse Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
If at any time in our reasonable judgment, the general state of repair, appearance or cleanliness of the Premises (including parking areas) or its fixtures, equipment, furniture or signs does not meet our standards, we may notify you, specifying the action you need to take to correct
the deficiency. If you do not initiate within ten (10) days after receipt of our notice, and then continue in good faith and with due diligence, a bona fide program to complete any required maintenance or refurbishing, we have the right, but not the obligation, to do the required maintenance and refurbishing on your behalf, and you agree to reimburse us on demand. The foregoing is in addition to any other remedies we may have.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, if Aw determines that the condition of the franchise location does not meet their standards, they will notify the franchisee, specifying the required actions to correct the deficiencies. This includes the premises, parking areas, fixtures, equipment, furniture, and signs.
If the franchisee fails to begin the required maintenance or refurbishing within ten days of receiving notice from Aw and does not continue diligently to complete the work, Aw has the right, but not the obligation, to perform the maintenance and refurbishing on behalf of the franchisee.
In such cases, the franchisee agrees to reimburse Aw on demand for the costs incurred. This obligation is in addition to any other remedies that Aw may have under the franchise agreement.