Does the Bang Cookies Franchise Agreement allow the Franchisor to modify the System?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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| Signature | | |---|---| | Name (please print) | | | Date | |
Bang Cookies FRANCHISE AGREEMENT
| Signature | Signature |
|---|---|
| Name and Title (please print) | Name (please print) |
| Dated | Dated |
RECITALS
WHEREAS, Franchisor has developed a distinctive and proprietary system (the "System") for the establishment, development and operation of a Bang Cookies Shop, a cookie shop that bakes and sells softbaked cookies, baked goods and other products and services that Franchisor authorizes (the "Approved Services and Products") under the Licensed Marks (defined below) (each, a "Shop");
WHEREAS, the System and, therefore, each Shop, is identified by the Licensed Marks and distinctive trade dress, service offerings, business formats, equipment, products, supplies, operating procedures, programs, methods, procedures, and marketing and advertising standards, all of which are part of the System and all of which Franchisor may modify from time to time;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the franchise agreement grants Bang Cookies the authority to modify its System. The System encompasses various elements such as trade dress, service offerings, business formats, equipment, products, supplies, operating procedures, programs, methods, procedures, and marketing and advertising standards. Bang Cookies retains the right to modify any of these components from time to time.
This means that a Bang Cookies franchisee must adhere to the System as it evolves, incorporating any changes or updates implemented by Bang Cookies. These modifications could affect various aspects of the business, including the products offered, the operational procedures, and the marketing strategies employed. Franchisees are obligated to stay current with these changes and integrate them into their business operations.
Furthermore, the Franchise Agreement states that what constitutes Bang Cookies's current Franchise Agreement will be determined by Bang Cookies in its exclusive discretion, and the Franchise Agreement may be modified from time to time by Bang Cookies. Reasonable modifications and amendments to the Franchise Agreement will not alter the franchisee's obligations under the agreement. This underscores Bang Cookies's control over the System and the Franchise Agreement, and the franchisee's responsibility to comply with any modifications made.