Under what conditions can Baya Bar vary performance standards for some franchisees?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.8 Variations in Standards. Notwithstanding anything to the contrary contained in this Agreement and this Section 12 in particular, Franchisee acknowledges and agrees that because complete and detailed uniformity under many varying conditions may not be possible or practical, Franchisor specifically reserves the right and privilege, at its sole discretion and as it may deem in the best interests of all concerned in any specific instance, to vary performance standards for some franchisees based upon the peculiarities and characteristics of the particular site or circumstance, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the successful operation of such particular franchise business. Franchisor has full rights to vary standard specifications and practices for any other franchisee at any time without giving Franchisee comparable rights. Franchisee shall not be entitled to require Franchisor to disclose or grant to Franchisee a like or similar variation.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, Baya Bar reserves the right to vary performance standards for some franchisees. This decision is made at Baya Bar's sole discretion when it is deemed in the best interest of all parties involved.
This variation in standards can be based on several factors. These factors include the specific characteristics of the site, the particular circumstances of the franchise location, the business potential of the area, existing business practices, or any other condition that Baya Bar considers important for the successful operation of that specific franchise business.
Baya Bar retains the right to modify standard specifications and practices for any other franchisee at any time without providing comparable rights to other franchisees. Franchisees are not entitled to demand disclosure or the same variations granted to others. This clause provides Baya Bar with considerable flexibility in adapting to different market conditions and individual franchise needs, but it also means that franchisees may not always be treated uniformly.