Is Better Blend obligated to provide in-person support if requested by a franchisee?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
5.3 Post-Opening Assistance.
- (a) Advice, Consulting, and Support. If Franchisee requests, BBF shall provide advice to Franchisee (by telephone or electronic communication) regarding improving and developing Franchisee's business, and resolving operating problems Franchisee encounters, to the extent BBF deems reasonable. If BBF provides in-person support in response to Franchisee's request, BBF may charge its then-current fee plus any out-of-pocket expenses (such as travel, lodging, and meals for employees providing onsite support).
- (b) Pricing. Upon request, BBF shall provide recommended prices for products and services offered by franchisees of the System.
- (c) Procedures. Upon request, BBF shall provide Franchisee with BBF's recommended administrative, bookkeeping, accounting, and inventory control procedures. BBF may make any such procedures part of required (and not merely recommended) System Standards.
- (d) Marketing. BBF shall manage the Marketing Fund.
- (e) Internet. BBF shall maintain a website for Better Blend, which will include Franchisee's location (or territory) and telephone number.
ARTICLE 6. LOCATION, DEVELOPMENT, AND OPENING
6.1 Determining Location and Territory. If the Location and Territory are not stated on the Summary Page, then Franchisee shall identify a potential Location within the Site Selection Area described on the Summary Page. Franchisee acknowledges that Franchisee does not have any territorial or other rights to the Site Selection Area and that it is only provided for the purpose of delineating the area within which Franchisee must locate an acceptable Location for the Business.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend is not obligated to provide in-person support to franchisees, but may do so under certain conditions. Specifically, if a franchisee requests in-person support, Better Blend has the option to provide it, but is not required to.
If Better Blend chooses to provide in-person support, it may charge the franchisee a fee for this service. This fee would cover Better Blend's then-current rate, as well as any out-of-pocket expenses incurred, such as travel, lodging, and meals for the employees providing the support. This means that franchisees need to be prepared to cover these costs if they request and receive on-site assistance from Better Blend.
However, if a franchisee is opening their first Better Blend business, Better Blend will have a representative support the business opening with at least three days of onsite opening training and assistance, at Better Blend's expense. If the franchisee or its affiliates already have two or more Better Blend locations, then Better Blend is not obligated to provide opening support.