Who determines the fees for the Bang Cookies Business Management System?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
e System and/or Licensed Marks, and, including, but not limited to, the Franchised Business.
"Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
"Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
"Business Management System" refers to and means the software, internet, web based and/or cloud based system or systems, point of sale system or systems and customer relationship management system or systems as same may be individually, or collectively, designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business.
"Business Management System Data" refers to and means the forms, data, tools, customer information, inventory, sales, and other information that: (a) is pre-populated or entered into the Business Management System; (b) is entered by Franchisor or Franchisee into the Business Management System; and/or (c) is recorded, stored and/or maintained in connection with the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
Based on the 2024 Bang Cookies Franchise Disclosure Document, the franchisor determines various aspects of the Business Management System. Specifically, Bang Cookies designates the software, internet, web-based, and/or cloud-based systems, point of sale systems, and customer relationship management systems required for use by the Franchised Business. This includes systems for day-to-day sales, ordering, operations, and management.
Furthermore, Bang Cookies exclusively selects the Reputation Management Services to be used by the franchisee. This selection includes determining and selecting the websites, social media sites, reporting services, surveys, and service platforms to be included in any evaluation and/or determination of the franchisee's customer satisfaction or approval ratings.
While the FDD defines the Business Management System and outlines the franchisor's role in selecting and designating its components, it does not explicitly state who determines the fees associated with the Business Management System. A prospective franchisee should seek clarification from the franchisor regarding how these fees are determined, whether they are fixed or variable, and what factors influence their calculation.