What goods and services are considered 'source restricted' for a Bang Cookies franchise?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
rating expenses of the Franchised Business. We currently require that you purchase or lease the following source restricted goods and services:
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- Lease We do not review the terms of the lease for your Shop Location but require that your landlord acknowledge our rights as set forth in the lease agreement rider attached as Exhibit 4 to the Franchise Agreement (the "Lease Agreement Rider") and that you collaterally assign the lease to us as set forth in the collateral assignment of lease attached as Exhibit 5 to the Franchise Agreement (the "Collateral Assignment of Lease"). We possess the right to disapprove of a proposed lease if the landlord refuses to sign the Lease Agreement Rider in substantially the form set forth in Exhibit 4 to the Franchise Agreement. The Lease Agreement Rider grants certain rights to us, including our right to be notified in the event of a lease default and, potentially, for us to enter the premises of your Shop.
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- System Supplies Your Shop must maintain an initial and ongoing inventory of System Supplies. You must purchase the System Supplies, as designated by us, from us, our affiliates, and/or our designated suppliers.
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- Furniture and Fixtures Your Shop must be equipped with branded and unbranded furniture and fixtures that we designate and that meet our standards and specifications. You may purchase unbranded furniture and fixtures from any supplier of your choosing, provided that the furniture and fixtures meet our specifications and standards, which may also include specified manufacturers, brands and models. If the furniture and fixtures that we designate are specified to be branded with the Licensed Marks, then you may only purchase them from our designated exclusive suppliers.
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- Signage The signage for your Shop must meet our standards and specifications and must be purchased from our designated suppliers.
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- Point of Sale System, and Computer Equipment Currently you are required to purchase, license and utilize a Square point of sale system with one configured hardware terminal. Additionally, you must purchase and maintain a computer system on-site at your Shop Location. In general, you will be required to obtain a computer system that will consist of certain hardware, software, and peripheral devices such as printers. You will be required to meet our requirements involving back office and point of sale systems, security systems, printers, back-up systems, and high-speed internet access.
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- Credit Card Processing You must use our designated supplier and vendor for credit card processing which may be integrated with the point of sale system that we designate. Credit card processing fees will, generally, be based on a percentage of all credit card processed Gross Sales.
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- Online Ordering, Customer Rewards, and Gift Cards You must use our designated supplier and vendor for the ability to access and use online, point of sale integrated, web based, and/or app based, ordering, customer rewards, and/or gift card systems.
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- Branded Items and Marketing Materials All materials bearing the Licensed Marks (including, but not limited to, stationary, business cards, brochures, apparel, signs and displays) must meet our standards and specifications and must be purchased from either of us directly or our designated suppliers. All of your marketing materials must comply with our standards and specifications and must be approved by us before you use them. You may market your Shop through approved digital media and social media platforms provided that you do so in accordance with our digital media and social media policies. You must purchase all branded marketing materials from either us or our designated exclusive supplier. We
may require that you exclusively use, at your cost, our designated supplier for social and digital media marketing services and exclusively use, at your cost, our social media platforms, vendors and marketing channels.
- Insurance – You must obtain the insurance coverage that we require from time to time as presently disclosed in the Manuals and as we may modify. All insurance policies required under your Franchise Agreement and as set forth in the Franchise Agreement must be written by a responsible carrier, reasonably acceptable to us and all insurance (excluding workers' compensation) must name us, our officers, directors, shareholders, partners, agents, representatives and independent contractors as additional insureds. The insurance policies must include a provision that the insurance carrier must provide us with no less than 30 days' prior written notice in the event of a material alteration to, or cancellation of, any insurance policy. A certificate of insurance must be furnished by you to use at the earlier of 90 days after the Effective Date of the Franchise Agreement or prior to the commencement of our initial training program. Insurance coverage must be at least as comprehensive as the minimum requirements set forth in the chart below and in the Franchise Agreement (Franchise Agreement, Article 8). You must consult your carrier representative to determine the level of coverage necessary for the Franchised Business. Higher exposures may require higher limits.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 24–28)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, source-restricted goods and services are those that must meet the company's specifications and/or be purchased from an approved or designated supplier, which may include Bang Cookies or its affiliates. These source-restricted items are essential for maintaining the brand's standards and quality across all franchise locations. Bang Cookies estimates that purchases from approved suppliers will constitute approximately 80% of the initial establishment costs and about 60% of the ongoing operating expenses for the franchised business.
The specific source-restricted goods and services that Bang Cookies franchisees are required to purchase or lease include the lease agreement rider, system supplies, branded furniture and fixtures, signage, point-of-sale systems and computer equipment, credit card processing services, online ordering and customer rewards programs, branded items and marketing materials, and insurance coverage. For unbranded furniture and fixtures, franchisees can choose their own suppliers as long as the items meet Bang Cookies's standards and specifications. However, branded furniture and fixtures must be sourced exclusively from Bang Cookies's designated suppliers.
Bang Cookies retains the right to modify the list of approved suppliers and specifications, notifying franchisees through various means, including written or electronic correspondence and updates to the manuals. While franchisees can request approval for alternative suppliers, Bang Cookies may charge a fee to evaluate the proposed supplier and can ultimately withhold approval at its discretion. Bang Cookies may also receive rebates or other benefits from designated suppliers based on franchisee purchases, but as of the issuance date of the FDD, they have not received revenue from these sources.
Franchisees must adhere to Bang Cookies's designated suppliers for items such as point-of-sale systems, credit card processing, online ordering platforms, and branded marketing materials. Additionally, franchisees are obligated to obtain specific insurance coverage from carriers acceptable to Bang Cookies, including property, liability, workers' compensation, business interruption, cyber, and employment practices liability insurance. This comprehensive list of source-restricted items ensures uniformity and quality control across all Bang Cookies franchise locations, but it also limits the franchisee's autonomy in sourcing goods and services.