According to the Bang Cookies Franchise Agreement, what is the definition of 'Business'?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
ontent and location of the Annual System Conference. The Annual System Conference shall be for a duration of not more than three consecutive days per calendar year. Franchisee is responsible for all costs and expenses associated with Franchisee's travel to and attendance at the Annual System Conference.
- "Approved Services and Products" shall have the meaning defined in the "Recitals" section of this Agreement and shall further refer to and mean those products and services that Franchisor authorizes for sale by Bang Cookies Shops. Franchisor shall exclusively designate and determine the Approved Services and Products and Franchisor, in Franchisor's Reasonable Business Judgment, may change, modify, reduce or supplement the Approved Services and Products that must be offered and sold by the Franchised Business and those products and services that may not be sold by the Franchised Business. The operations manual, subject to changes that Franchisor may make from time to time and Franchisor's right to change and modify the Approved Services and Products, shall designate the Approved Services and Products that must be offered and sold by the Franchised Business. The Franchised Business may only offer and sell the Approved Services and Products.
- "Assignment of Telephone Numbers and Digital Media Accounts" refers to and means the Assignment of Telephone Numbers and Digital Media Accounts agreement attached to this Agreement as Exhibit 6.
"Bakery Location" refers to and means a Shop that is comprised of a Shop and Shop Facility that maintains full on-site production facilities including the on-site preparation of cookie dough and dough for baked goods.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, the term "Franchised Business" refers to the Bang Cookies Shop that the franchisee is obligated to develop, maintain, and operate. This operation must align with the System outlined in the Franchise Agreement and the operations manual. In essence, the 'Business' is the specific Bang Cookies store run by the franchisee, adhering to the brand's standards and operational guidelines.
Furthermore, the FDD specifies that "Bang Cookies Shop(s)" includes every business owned or operated by Bang Cookies, its affiliates, or authorized franchisees that utilize the System and Licensed Marks. This definition extends to all entities operating under the Bang Cookies brand, ensuring consistency across all locations. This broader definition emphasizes the importance of maintaining uniform standards and practices throughout the Bang Cookies franchise network.
Additionally, the document defines "Approved Services and Products" as those authorized for sale by Bang Cookies Shops, determined exclusively by Bang Cookies. The franchisor retains the right to modify these offerings, ensuring that the Franchised Business only sells approved items as designated in the operations manual. This control over products and services allows Bang Cookies to maintain quality and brand consistency across all franchised locations.