What specific aspects of Article 4 can Beard Papas modify unilaterally?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
4.C. OPERATIONS MANUAL
Franchisor shall provide 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 Beard Papa's 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.
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, Article 4.C discusses the Operations Manual, which Beard Papas will provide access to for franchisees. The Operations Manual contains mandatory and suggested specifications, standards, and operating procedures that Beard Papas prescribes for its shops. Franchisees must operate their franchised business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual, including but not limited to the Approved Services and Products, System Supplies, and authorized and designated suppliers. These standards, specifications, and requirements are those in effect as of the agreement's effective date, and as Beard Papas may supplement, modify, change, and/or replace them in the future, from time to time, using their Reasonable Business Judgment. Franchisees must maintain the confidentiality of the Operations Manual and all its contents. The master copy and official version of the Operations Manual is the one maintained and designated by Beard Papas in its ordinary course of business.
Beard Papas will provide franchisees with reasonable notice of modifications and changes made to the Operations Manual, potentially through electronic communications or notifications on an online platform. Beard Papas will also provide a reasonable period of time, as determined by Beard Papas in its Reasonable Business Judgment, for franchisees to implement these changes. Franchisees are only allowed to offer and sell the Approved Services and Products and use the System Supplies as designated by Beard Papas in the Operations Manual, in accordance with the terms, specifications, and requirements set forth therein, and as Beard Papas may supplement and modify the Operations Manual from time to time or as otherwise designated in writing.
In essence, Beard Papas retains the right to unilaterally modify the Operations Manual, which dictates many aspects of how a franchisee must run their business. This includes the products they can sell, the supplies they must use, and the overall operating procedures. While Beard Papas is obligated to provide reasonable notice and a reasonable implementation period for these changes, the ultimate decision-making power rests with the franchisor. This is a fairly standard practice in franchising, allowing franchisors to maintain brand consistency and adapt to changing market conditions. However, it also means that franchisees must be prepared to adapt to changes imposed by Beard Papas, which could potentially require additional investment or adjustments to their business operations.