If Bang Cookies modifies the System, must the franchisee comply with the modifications?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
2.E. MODIFICATION OF SYSTEM
Franchisor, in Franchisor's Reasonable Business Judgment, reserves the right at all times to supplement, modify, alter and/or amend the System. Franchisee shall promptly comply with all such modifications to the System whether such modification(s) results in the addition, subtraction, modification and/or enhancement to any and/or all components of the System. Franchisor shall provide Franchisee with a reasonable time period to comply with any change or modification to the System which shall be communicated in writing by Franchisor to Franchisee, including, but not limited to, modifications, updated, amendments, and changes made by Franchisor to the operations manual. Franchisor's modifications to the System shall not materially alter Franchisee's fundamental rights under this Agreement.
2.F. CORPORATE ENTITY OWNERSHIP
If Franchisee is a Corporate Entity, Franchisee represents that the information contained in Schedule 2 to this Agreement is and shall remain complete, true and accurate throughout the Term of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, Bang Cookies reserves the right to supplement, modify, alter, and/or amend the System at any time, using their reasonable business judgment. The System includes the approved services and products, system supplies and services, procedures and systems designated by Bang Cookies, the Licensed Marks, trade dress, copyrights, trade names, service marks, signs and logos, the operations manual, Business Management System Data, Know-How, Confidential Information, and Digital Media.
As a Bang Cookies franchisee, you must promptly comply with all modifications to the System. These modifications can include additions, subtractions, modifications, and/or enhancements to any or all components of the System. Bang Cookies will provide you with a reasonable time period to comply with any change or modification, communicated in writing, including modifications, updates, amendments, and changes made to the operations manual.
However, Bang Cookies' modifications to the System cannot materially alter your fundamental rights under the Franchise Agreement. This means that while Bang Cookies can make changes to the way the business operates, they cannot change the core agreement in a way that significantly disadvantages you as a franchisee.