Does Benjamin Franklin Plumbing have the right to change the Brand Standards Manuals?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| q. Non-competition covenants during the term of the franchise | Section 14.1 | No involvement in "Competing Business," defined as a business that (i) offers plumbing products or services or other products or services similar to those offered by the Franchised Businesses, or (ii) grants franchises or licenses to others to operate such businesses, or (iii) is the same or substantially similar in nature or purpose to the Franchised Businesses (other than a "BENJAMIN FRANKLIN PLUMBING" business operated under a Franchise Agreement with us). This is subject to state law. |
| r. Non-competition covenants after the franchise is terminated or expires | Section 14.2 | No involvement with Competing Business for two years after expiration, termination, or approved transfer of the franchise. Applies if the Competing Business is located or serves customers (i) within the Territory, (ii) within forty (40) miles of the Territory, (iii) within any zip code where the Franchised Business served customers during the term, (iv) within the territory of any other then existing Franchised Businesses plus the area formed by extending the boundaries of that territory ten (10) miles in all directions, or (v) within the territory serviced by any business operated under the Marks by us or our affiliates, plus the area formed by extending the boundaries of that territory ten (10) miles in all directions. This is subject to state law. |
| s. Modification of the agreement | Section 22.12 | Modifications must be in writing signed by both parties, except that we have the right to change the Brand Standards Manuals. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 69–74)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing has the right to change the Brand Standards Manuals. The franchise agreement specifies that modifications generally require a written agreement signed by both parties. However, an exception exists that grants Benjamin Franklin Plumbing the unilateral right to modify the Brand Standards Manuals.
This provision means that as a Benjamin Franklin Plumbing franchisee, you must adhere to any changes Benjamin Franklin Plumbing makes to the Brand Standards Manuals. These manuals likely contain critical operational guidelines, marketing strategies, and brand compliance requirements. Benjamin Franklin Plumbing's ability to change these standards without your consent could impact how you run your franchise and potentially increase your costs if new equipment or procedures are mandated.
It is typical in franchising for franchisors to update their operating manuals periodically to reflect changes in the market, technology, or legal requirements. However, the extent of these changes and the franchisee's input can vary significantly. Prospective Benjamin Franklin Plumbing franchisees should carefully review the franchise agreement and seek clarification on the process and frequency of changes to the Brand Standards Manuals. Understanding the scope of these potential changes is crucial for assessing the long-term operational and financial implications of investing in a Benjamin Franklin Plumbing franchise.