What are the contractor's responsibilities during the Bang Cookies facility build-out for Bang Cookies?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
- (1) Prepare and submit to Franchisor for approval, which approval, specific plans and specifications prepared by the design consultants designated or approved by Franchisor and hired by Franchisee, at Franchisee's sole expense, whereby such plans and specifications are prepared specifically for Franchisee's Shop Facility and Franchisee's Shop Location and shall reflect and comply with Franchisor's generalized plans and specifications and otherwise satisfy the specifications and requirements set forth in the operations manual. If Franchisor determines, in Franchisor's Reasonable Business Judgment, that any plans are not consistent with Franchisor's prototype plans and specifications, Franchisor may prohibit implementation of the plans and disapprove the plans;
- (2) Obtain all required building, utility, sign, health, sanitation, liquor (if the System Products and Service include and permit the service of alcohol), and business permits and licenses, and any other required permits and licenses;
- (3) Construct all required improvements to Franchisee's Shop Location, purchase and install all required furniture, fixtures and equipment and decorate the premises in compliance with the plans and specifications approved in writing by Franchisor and all applicable ordinances, building codes, permit requirements and lease or deed requirements and restrictions;
- (4) Provide Franchisor timely written reports regarding the process of construction and remodeling in compliance with Franchisor's then current specifications; and
- (5) Establish filing, accounting, and inventory control systems, conforming to the requirements prescribed by Franchisor, if any.
At all times, in the construction and operation of the Franchised Business, Franchisee shall exclusively install, use, attach, maintain, replenish and replace only those types of construction and decorating materials, furniture, fixtures, equipment, and signs that Franchisor has approved or designated in the operations manual for Bang Cookies Shops as meeting Franchisor's specifications and standards for appearance, function and performance. Franchisee only may purchase approved or designated types of construction and decorating materials, fixtures, equipment, furniture and signs from any supplier approved or designated by Franchisor, which may include Franchisor and Franchisor's affiliates.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, the franchisee is responsible for hiring design consultants to create plans and specifications for their shop, which must comply with Bang Cookies' standards. The franchisee's contractor has several responsibilities during the build-out.
First, the contractor must prepare and submit the shop's specific plans and specifications to Bang Cookies for approval. These plans, created by design consultants designated or approved by Bang Cookies and hired by the franchisee at their own expense, must align with Bang Cookies' generalized plans, specifications, and the operations manual. Bang Cookies retains the right to disapprove any plans that do not meet their prototype standards.
Second, the contractor is responsible for obtaining all necessary permits and licenses, including building, utility, sign, health, sanitation, and business permits, as well as any required liquor licenses if the Bang Cookies shop will serve alcohol. Third, the contractor must construct all required improvements to the shop location, purchase and install all necessary furniture, fixtures, and equipment, and decorate the premises according to the approved plans and specifications, as well as all applicable ordinances, building codes, permit requirements, and lease or deed restrictions. The contractor must also provide timely written reports to Bang Cookies regarding the construction and remodeling process, following Bang Cookies' current specifications. Finally, the contractor needs to establish filing, accounting, and inventory control systems that conform to Bang Cookies' requirements, if any.
Furthermore, the franchisee must ensure that only approved construction and decorating materials, furniture, fixtures, equipment, and signs are installed, used, maintained, and replaced in the construction and operation of the franchised business. These items must meet Bang Cookies' specifications and standards for appearance, function, and performance, and can only be purchased from suppliers approved or designated by Bang Cookies, which may include Bang Cookies and its affiliates. This ensures uniformity and quality across all Bang Cookies locations.