What is the required format for Bang Cookies' Franchisor's modification to Article 6 to be valid?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
and brand standards related to the promotion of the Franchised Business;
- (6) Approving or disapproving of Franchisee requests related to marketing materials and Digital Media that may be used to market the Franchised Business; and
- (7) Establishing and communicating System standards and requirements in the form of the operations manual and, as Franchisor, in Franchisor's sole discretion.
4.C. OPERATIONS MANUAL
Franchisor shall Franchisee with access to the operations manual. The operations manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards and operating procedures that Franchisor prescribes for Bang Cookies Shops. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the operations manual as, such standards, specifications, and requirements including, but not limited to, the Approved Services and Products, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement, and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the operations manual and, shall keep and maintain all files, data and information contained in the operations manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the operations manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business.
Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the operations manual and, such notice may take form of electronic communications including emails and, if the operations manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the operations manual.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
Based on the 2024 Bang Cookies Franchise Disclosure Document, Article 6 pertains to restrictive covenants and obligations, as well as ownership of innovations, improvements, and information. The FDD states that Bang Cookies will provide franchisees with access to the operations manual, which contains mandatory and suggested specifications, standards, and operating procedures. These procedures include, but are not limited to, approved services and products, system supplies, and authorized and designated suppliers.
Bang Cookies retains the right to supplement, modify, change, and/or replace these standards, specifications, and requirements in the future. These modifications will be made in Bang Cookies' reasonable business judgment. The modifications can be communicated through supplements, replacement pages, franchise bulletins, or other official pronouncements.
Bang Cookies is required to provide franchisees with reasonable notice of any modifications or changes to the operations manual. This notice may be delivered via electronic communications, such as emails, or through notifications on an online web-based platform where the operations manual is maintained. Bang Cookies will also provide franchisees with a reasonable period of time to implement these changes and modifications, as determined by Bang Cookies in its reasonable business judgment. Therefore, any modifications to Article 6 would be communicated through the operations manual, with reasonable notice given to franchisees.