Can Bambu unilaterally modify its standards and specifications for Bambu franchises?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
see appoints the officers of Bambu as its attorneys in fact with irrevocable power and authority to execute any such modification so approved.
- c. Franchisee acknowledges that Bambu may modify its standards and specifications and operating, marketing, and other policies and procedures set forth in the FRC Materials unilaterally under any conditions and to the extent in which Bambu, in its sole determination, deems necessary or desirable. These modifications may include regional and local variations. Franchisee shall be bound by and incorporate into its shoppe these modifications. Franchisee may be obligated to invest additional capital in Franchisee's shoppe and incur higher operating costs based on these periodic modifications.
- d. Bambu has the right to vary the franchise agreement and any standards, specifications, and techniques for a particular Bambu franchisee based on the circumstances related to the franchisee, its area or territory, or any other condition. Franchisee shall not be entitled to require Bambu to grant Franchisee a similar variation.
- 24.2 Entire Agreement. This Agreement, including all attachments and addenda, contains the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter hereof. Franchisee acknowledges that it has not relied on any verbal representations or commitments made prior to the execution hereof and agrees that Bambu will not be liable or obligated for any claims of negligent or fraudulent misrepresentation based on any such verbal representations or commitments. Bambu does not authorize and will not be bound by any representation of any nature other than those expressed in this Agreement and in the most recent Franchise Disclosure Document ("FDD") provided to Franchisee by Bambu or its representatives in connection with this Agreement. Franchisee further acknowledges and agrees that no representations have been made to it by Bambu regarding projected sales volumes, market potential, revenues, profits of Franchisee's Bambū shoppe, or operational assistance other than as stated in this Agreement and in the most recent FDD provided to Franchisee by Bambu.
- 24.3 Delegation by Bambu.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu can modify its standards and specifications and operating, marketing, and other policies and procedures set forth in the FRC Materials unilaterally. Bambu can do so under any conditions and to the extent in which Bambu, in its sole determination, deems necessary or desirable. These modifications may include regional and local variations, and the franchisee is bound by and must incorporate these modifications into their shoppe.
This means that as a Bambu franchisee, you must adhere to any changes Bambu makes to its standards, specifications, and operational procedures. These changes can be implemented at Bambu's discretion and may vary based on the region or local market. This could impact various aspects of the business, from marketing strategies to daily operations.
Furthermore, Bambu retains the right to change standards and specifications for products and services offered at or through the Bambu shoppe and for the Franchised Location, equipment, menus, food, paper products, employee attire, supplies, advertising material and other items used in connection with the shoppe, upon 10 days prior written notice to Franchisee. Franchisees must remain in compliance and strictly adhere to all of Bambu's current quality, compliance and operations standards and specifications for the Bambu shoppe as prescribed from time to time.
As a franchisee, you may be obligated to invest additional capital in your shoppe and incur higher operating costs based on these periodic modifications. Bambu also has the right to vary the franchise agreement and any standards, specifications, and techniques for a particular Bambu franchisee based on the circumstances related to the franchisee, its area or territory, or any other condition. Franchisees are not entitled to require Bambu to grant them a similar variation.