Is a Better Blend franchisee permitted to engage in violence against any person?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
(x) the Business is operated in a manner which, in BBF's reasonable judgment, constitutes a significant danger to the health or safety of any person, and Franchisee fails to cure such danger within 48 hours after becoming aware of the danger (due to notice from BBF or otherwise);
(xvi) Franchisee or any Owner is accused by any governmental authority or third party of any act, or if Franchisee or any Owner commits any act or series of acts, that in BBF's opinion is reasonably likely to materially and unfavorably affect the Better Blend brand.
11.13 Temporary Management. If (i) the Principal Executive dies or becomes incapacitated, (ii) this Agreement is terminated or expires and BBF elects to purchase assets of the Business as provided in Section 14.6, or (iii) Franchisee is operating the Business in a manner which, in BBF's reasonable opinion, constitutes a danger to the health or safety of any person, then BBF may (but is not obligated to) enter the Location and operate and manage the Business for Franchisee's (or Franchisee's estate's) account until this Agreement is terminated, the Business is transferred, the Business is purchased by BBF, or BBF returns the Business to Franchisee.
BBF's operation and management will not continue for more than 90 days without Franchisee's consent (or the consent of the representatives of Franchisee's estate).
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, a franchisee is not permitted to operate the business in a manner that endangers the health or safety of any person. Specifically, if the Better Blend business is operated in a way that, in Better Blend's reasonable judgment, poses a significant danger to anyone's health or safety, and the franchisee fails to address the danger within 48 hours after becoming aware of it (whether through notice from Better Blend or otherwise), it can lead to termination of the franchise agreement.
Additionally, if a Better Blend franchisee or any owner is accused by a governmental authority or third party of any act, or commits any act or series of acts, that in Better Blend's opinion is reasonably likely to materially and unfavorably affect the Better Blend brand, this can also lead to termination of the franchise agreement. This clause provides Better Blend with broad discretion to terminate the agreement if the franchisee's actions, even if not criminal, could harm the brand's reputation.
Furthermore, Better Blend retains the right to temporarily manage a location if the franchisee is operating the business in a manner that, in Better Blend's reasonable opinion, constitutes a danger to the health or safety of any person. Better Blend may enter the location and operate the business for the franchisee's account until the agreement is terminated, the business is transferred, or Better Blend returns the business to the franchisee. This management will not continue for more than 90 days without the franchisee's consent.