In the event of a dispute about the contents of the Baya Bar Manual, which version controls?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
onic copies and return and cease using any physical copy of the Manual and other confidential and proprietary materials to Franchisor immediately upon request or upon transfer, termination or expiration of this Agreement.
- 19.1.4 Franchisor may from time to time revise the contents of the Manual and other materials created or approved for use in the operation of the Franchised Business. Franchisee expressly agrees to comply with each new or changed policy, standard or directive. In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor shall control.
- 19.1.5 If Franchisee loses, misplaces or otherwise requests a physical copy of the Manu
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the master copy of the Baya Bar Manual maintained by the franchisor will control in the event of any dispute regarding its contents. This means that if there's a discrepancy between the manual a franchisee has and the one Baya Bar keeps, Baya Bar's version is the definitive one.
This clause is significant for a prospective Baya Bar franchisee because it underscores the importance of staying current with any updates or revisions to the manual. Franchisees are expressly required to comply with each new or changed policy, standard, or directive issued by Baya Bar. It also places the onus on the franchisee to ensure they are referencing the most up-to-date information when operating their franchise.
Furthermore, franchisees must maintain the Manual in a safe and secure location and take measures to prevent unauthorized access. If a franchisee loses or misplaces their copy and requests a replacement, Baya Bar may provide a physical copy at its discretion, and the franchisee will have to pay a replacement fee, which as of the date of the agreement is $100. This highlights the importance of properly managing and safeguarding the Baya Bar operations manual, as it dictates the standards and procedures expected of the franchisee.