Is the monthly Azal Coffee mystery shopper fee refundable?

According to Azal Coffee's 2024 Franchise Disclosure Document, the obligations for the full and timely payment of fees, including mystery shopper fees, are absolute and unconditional. This means that franchisees must not delay or withhold payment of these amounts based on alleged nonperformance by Azal Coffee or for any other reason. Furthermore, franchisees are prohibited from placing these fees in escrow or setting them off against any claims they may have against Azal Coffee.

Azal Coffee retains the right to apply any payments received first to cover accrued late charges or interest and then to any delinquent fees or other outstanding amounts before crediting the payment as specified by the franchisee or to the current amount due. This ensures that any outstanding balances or penalties are addressed before the current payment is allocated.

In practical terms, this policy means that an Azal Coffee franchisee cannot expect a refund of the mystery shopper fees under any circumstances. The franchisee is obligated to pay these fees in full and on time, regardless of any disputes or issues they may have with Azal Coffee. This arrangement is generally unfavorable for franchisees, as it places the risk of non-performance or disputes entirely on their shoulders without recourse to withhold payments as a form of leverage or compensation.