If a Better Blend franchisee in Ohio cancels the agreement, what must they do with any goods delivered to them?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
If you cancel, you must make available to BBF at your business address all goods delivered to you under this agreement; or you may if you wish, comply with the instructions of BBF regarding the return shipment of the goods at BBF's expense and risk. If you do make the goods available to BBF and BBF does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of them without further obligation. If you fail to make the goods available to BBF, or if you agree to return them to BBF and fail to do so, then you remain liable for the performance of all obligations under the Agreement.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, an Ohio franchisee who cancels their agreement has specific obligations regarding any goods they received. The franchisee must make these goods available to Better Blend at the franchisee's business address. Alternatively, the franchisee can follow Better Blend's instructions for returning the goods, with Better Blend covering the expense and risk of shipment.
If the franchisee makes the goods available, Better Blend has 20 days from the date of the cancellation notice to pick them up. If Better Blend fails to retrieve the goods within this timeframe, the franchisee is free to retain or dispose of them without any further obligation.
However, the franchisee remains responsible for fulfilling all obligations under the Franchise Agreement if they either fail to make the goods available to Better Blend or agree to return them but fail to do so. This clause ensures that franchisees cannot avoid their contractual duties simply by canceling the agreement and neglecting to handle the delivered goods as instructed.