Where in the Beard Papas agreement can I find details about the Brand Development Fund Fee?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
"Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
"Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas FDD, the definition and details regarding the Brand Development Fund Fee can be found in Article 9.A of the Franchise Agreement. This section of the agreement outlines the specifics related to the Brand Development Fund, including how the fees are managed and utilized.
Article 9.A covers various aspects of the Brand Development Fund, such as how the fund may be used to cover costs and expenses related to advertising, marketing, product and service testing, and other marketing activities. It also specifies that Beard Papas shops owned by the franchisor or its affiliates are not required to pay the Brand Development Fund Fee. Additionally, it clarifies that the fund is not a trust and that the franchisor is not a trustee or fiduciary of the fund, allowing the franchisor to deposit and maintain the funds in its general accounts.
The FDD also indicates that the Brand Development Fund Fees do not need to be kept separate from the other assets of Beard Papas. The fund isn't required to spend the fees in the year they are collected and may borrow funds or invest any surplus for future use. Franchisees can request a summary statement of the monies collected and costs incurred by the fund for the preceding fiscal year.
Understanding Article 9.A is crucial for prospective Beard Papas franchisees as it details their obligations and rights concerning the Brand Development Fund. It is important to note that the franchisor has the discretion to use the fund to benefit any Beard Papas shop and that a franchisee's failure to derive direct benefit from the fund will not reduce their obligation to contribute to it.