factual

Can Aw inspect the books and records of any entity that is an Aw franchisee?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 13.3 Our Right to Audit.

We have the right at any time during business hours, and without advance notice to you, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales and income tax records and returns and other records of the Papa Ray's Pizza Restaurant and the books and records of any entity which is the franchisee hereunder.

For purposes of this inspection and audit, records and reports exclude your employment records for your employees.

You agree to fully cooperate with our representatives and independent accountants we may hire to conduct any inspection or audit.

Source: Item 22 — CONTRACTS (FDD pages 39–40)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, Aw has the right to inspect the books and records of any entity that is an Aw franchisee. Specifically, Aw can inspect and audit the business records, bookkeeping and accounting records, sales and income tax records and returns, and other records of the Papa Ray's Pizza Restaurant, as well as the books and records of any entity that is the franchisee. This inspection can occur at any time during business hours and without advance notice to the franchisee. However, the records and reports excluded from this inspection and audit are the franchisee's employment records for their employees.

This provision allows Aw to monitor the financial performance and compliance of its franchisees. It ensures that franchisees are accurately reporting their gross sales and adhering to the financial and operational standards set by Aw. The right to audit without notice gives Aw the ability to verify the accuracy of reported financial data and identify any discrepancies promptly.

For a prospective Aw franchisee, this means they must maintain accurate and up-to-date financial records and be prepared for unannounced audits by Aw. Franchisees should ensure their bookkeeping and accounting practices are sound and transparent. While Aw has broad inspection rights, it is important to note that employment records are excluded from these audits, protecting the franchisee's control over their labor relations and employment practices.

Cooperation is expected from the franchisee during any inspection or audit. Failure to provide necessary reports or records, or any understatement of gross revenue exceeding two percent, may result in the franchisee being responsible for covering the costs of the inspection or audit, including attorney and accountant fees, as well as travel expenses.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.