What are the parties required to do to implement the Benjamin Franklin Plumbing agreement?

According to the 2025 Benjamin Franklin Plumbing FDD, both parties, the franchisor and franchisee, agree to diligently perform all actions and execute all necessary documents to fully implement and carry out the agreement. This includes the franchisee adhering to the UWIN (a customer service resource) Customer Complaint Resolution Program if they are approved to participate. To participate in this program, the franchisee must sign and return the UWIN Participation Agreement and applicable guaranty. Once UWIN receives the signed agreement, the franchisee will receive a Welcome Packet and be added as a contractor on the UWIN website.

Additionally, the franchisee may be required to sign a Confidentiality and Non-Compete Agreement, especially if they or their employees will have access to confidential information. This agreement ensures that confidential information is protected and that the franchisee does not engage in any competing business activities during the term of the Franchise Agreement and while they are affiliated with the franchisee. Guarantors may also be required to sign a personal guarantee, ensuring the franchisee's obligations are met.

Benjamin Franklin Plumbing may also conduct credit and background checks on the contractor, including contacting banks, suppliers, and trade creditors to discuss the contractor's business affairs. The contractor authorizes these entities to release information to Benjamin Franklin Plumbing and agrees to provide any necessary directions or documents to facilitate this process. All notices, consents, and approvals related to the agreement must be in writing and delivered to the appropriate party through specified methods such as certified mail, overnight courier, or electronic communication. Approvals or consents by UWIN must be in writing and duly executed by UWIN.

Overall, these measures ensure that both Benjamin Franklin Plumbing and the franchisee are committed to fulfilling their obligations under the agreement, protecting confidential information, and maintaining the integrity of the franchise system. The detailed requirements and procedures outlined in the agreement aim to establish a clear framework for the successful operation of the franchised business and the resolution of any potential issues.