factual

Does Bang Cookies specify authorized and mandatory supply levels?

Bang_Cookies Franchise · 2024 FDD

Answer 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. Without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products and utilize the System Supplies as designated by Franchisor, in Franchisor's Reasonable Business Judgment, in the operations manual and, in accordance with the terms, specifications and requirements set forth in the operations manual and as Franchisor may supplement and modify the operations manual from time to time or, as Franchisor may otherwise designate in writing.

ARTICLE 5 FEES

5.A. INITIAL FRANCHISE FEE

Upon execution of this Agreement Franchisee shall pay to Franchisor a non-recurring initial franchisee fee (the "Initial Franchise Fee") of $55,000. The Initial Franchise Fee is fully earned by Franchisor upon execution of this Agreement and is not refundable.

5.B. ROYALTY FEES

Throughout the Term of this Agreement, Franchisee shall pay to Franchisor a continuing weekly nonrefundable royalty fee (the "Royalty Fee") in an amount equal to 6% (the "Royalty Rate") of Franchisee's weekly Gross Sales. The Royalty Fee shall be calculated on a weekly basis for each respective weekly

Accounting Period. The Royalty Fee during any Renewal Term shall be determined by Franchisor but shall not be less than the Royalty Fee and Royalty Rate set forth in this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 56–245)

What This Means (2024 FDD)

According to Bang Cookies' 2024 Franchise Disclosure Document, the operations manual contains mandatory and suggested specifications, standards, and operating procedures for Bang Cookies shops. Franchisees must operate their franchised business in strict accordance with the standards, specifications, and requirements set forth in the operations manual. These standards include, but are not limited to, approved services and products, system supplies, and authorized and designated suppliers.

System Supplies are defined as all merchandise, inventory, products, supplies, and/or goods constituting or comprising the Approved Services and Products or, a portion thereof, authorized for sale by the Franchised Business or designated for the preparation of Approved Services and Products; products, supplies, services, and/or goods used to prepare, provide, offer, and/or sell services constituting or comprising the Approved Services and Products; products, supplies, and/or goods as designated by Franchisor for the marketing, sale, provision, and/or delivery of the Approved Services and Products including, without limitation, uniforms, point of sale displays, packaging; furniture, fixtures, and equipment designated by Franchisor; and other items as designated by us in the operations manual, and, as may be modified and supplemented by us from time to time, in our Reasonable Business Judgment, as being required for the development and operation of the Franchised Business.

Bang Cookies retains the right to modify the operations manual and will provide franchisees with reasonable notice of these changes. Franchisees are only allowed to offer and sell approved services and products and utilize system supplies as designated by Bang Cookies in the operations manual. This ensures consistency and quality across all Bang Cookies locations, but it also means franchisees have limited flexibility in sourcing supplies and products.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.