What is the B Bops Company's responsibility regarding the Licensed System?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Company has designed a distinctive system for establishing, operating and promoting a B-Bop's Restaurant, which system includes, but is not limited to, a unique and readily recognizable design, color scheme, decor, layout and signage for the business premises, equipment selection and installation, accounting methods, advertising and promotional techniques, personnel training and a confidential manual of operating procedures containing specially designed methods for operation of a B-Bop's Restaurant (hereinafter collectively referred to as the "Licensed System"); and
- A.
Development of Advertising.
Company shall, with the funds collected pursuant to the advertising fee paid by Franchisee and all other franchisees, develop and provide to Franchise advertising, promotional and public relations campaigns to promote the Licensed System and the Licensed Marks.
All decisions from time to time regarding the content, concepts, materials and media used in developing such campaigns shall be within the sole discretion of Company.
Notwithstanding the foregoing, Franchisee acknowledges and agrees that Company shall be under no obligation to develop or provide advertising campaigns to Franchisee during any period of time in which Company has elected to waive payment in whole of the advertising fee by Franchisee.
- B.
Support Trips.
Company will make a minimum of two (2) trips per year to the Franchise Premises to provide on-site support and advisory services to Franchisee for the proper operation of the Franchise.
Each support trip shall be made at the expense of Company and shall be scheduled at Company's discretion.
Additional support trips made at the request of Franchisee shall be at the expense of Franchisee.
Company shall be entitled to conduct an inspection of the Franchise Premises during the course of any support trip.
- C.
Operating Assistance.
Company shall from time to time provide Franchisee with such advice and guidance regarding the proper operation of the Franchise as Company may in its discretion deem appropriate.
Such assistance will typically consist of consultation and advice regarding standard operating procedures for a B-Bop's Restaurant, specific operating problems encountered by Franchisee, analysis of financial reports submitted by Franchisee, development and implementation of advertising and promotional campaigns and updates or improvements to the Licensed System.
The timing and methods of providing such assistance and consultation shall be left to the discretion of Company, but may include communication by telephone, updates to the Operations Manual and on-site support trips required of Company.
- D.
Updates to System or Marks.
Company will inform Franchisee on a timely basis of any modifications, additions or other revisions, if any, of the Licensed System, the Licensed Marks or the Operations Manual.
Such modifications, additions or revisions shall be distributed to the Franchisee in the form of periodic updates to the Operations Manual or through other written material sent to Franchisee.
Company shall have the right from time to time to enter the Franchise Premises during business hours, without prior notice, for the purpose of making periodic inspections of the Franchise to ensure compliance of Franchisee's operations with the standards and policies of the Operations Manual and with the terms of this Agreement.
Franchisee agrees that Company may from time to time modify, add to or otherwise revise the Licensed System, the Licensed Marks or the standards as set forth in the Operations Manual, provided that no such modification, addition or revision shall be commercially unreasonable under the circumstances or alter or conflict with the terms of this Agreement.
Franchisee agrees to promptly accept and implement at its expense any of such modifications, additions or other revisions to the Licensed System, the Licensed Marks or the standards as set forth in the Operations Manual within such period of time as Company shall specify.
CONTINUING OBLIGATIONS OF COMPANY.
Subject to the terms and
conditions of this Agreement, Company agrees to provide Franchisee with the following services and assistance during the term of this Agreement:
- A.
Development of Advertising.
Company shall, with the funds collected pursuant to the advertising fee paid by Franchisee and all other franchisees, develop and provide to Franchise advertising, promotional and public relations campaigns to promote the Licensed System and the Licensed Marks.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the company has several responsibilities related to the Licensed System. B Bops will develop and provide advertising, promotional, and public relations campaigns to promote the Licensed System and Licensed Marks, using funds collected from franchisee advertising fees. All decisions regarding the content and media used in these campaigns are at B Bops's sole discretion. However, B Bops is not obligated to provide advertising campaigns if they have waived the advertising fee for the franchisee. B Bops will also inform franchisees of any modifications, additions, or revisions to the Licensed System, Licensed Marks, or Operations Manual through periodic updates or written materials.
B Bops is expected to make a minimum of two support trips per year to the franchisee's premises to provide on-site support and advisory services for the proper operation of the franchise, at the company's expense. Additional support trips requested by the franchisee will be at the franchisee's expense. During these trips, B Bops is entitled to conduct inspections of the franchise premises. The company will also provide advice and guidance regarding the proper operation of the franchise, including consultation on standard operating procedures, specific operating problems, analysis of financial reports, and development of advertising campaigns.
B Bops also has the right to inspect the franchise premises during business hours, without prior notice, to ensure compliance with the standards and policies in the Operations Manual. Franchisees are expected to cooperate with these inspections and remedy any noncompliance within a specified timeframe. Furthermore, B Bops may modify, add to, or revise the Licensed System, Licensed Marks, or standards in the Operations Manual, provided that such changes are not commercially unreasonable or in conflict with the franchise agreement. Franchisees are required to implement these changes at their own expense within the period specified by B Bops.