Can Better Blend require franchisees to purchase goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items according to Better Blend's specifications?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
VICES**
Generally
We have the right to require you to purchase or lease all goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items related to establishing or operating your business (1) either from us or our designee, or from suppliers approved by us, or (2) according to our specifications. You must comply with any changes we make in the future to these requirements.
Specific Obligations
The following are our current specific obligations for purchases and leases:
A. Real Estate. Your business location is subject to our approval and must meet our specifications. You must use reasonable efforts to have your landlord sign our form of Rider to Lease Agreement (attached to this disclosure document as Exhibit D).
- B. Insurance. You must obtain insurance as described in the Franchise Agreement and in our Brand Standards Manual, which includes (i) "Special" causes of loss coverage forms, including fire and extended coverage, crime, vandalism, and malicious mischief, on all property of the Business, for full repair and replacement value (subject to a reasonable deductible); (ii) Business Interruption Insurance covering at least 12 months of income; (iii) Commercial General Liability insurance, including products liability coverage, and broad form commercial liability coverage, written on an "occurrence" policy form in an amount of not less than $1,000,000 single limit per occurrence and $2,000,000 aggregate limit, (iv) Business Automobile Liability insurance including owned, leased, non-owned and hired automobiles coverage in an amount of not less than $1,000,000, and (v) Workers Compensation coverage as required by state law. Your policies (other than Workers Compensation) must list us and our affiliates as an additional insured, must include a waiver of subrogation in favor of us and our affiliates, must be primary and non-contributing with any insurance carried by us or our affiliates, and must stipulate that we receive 30 days' prior written notice of cancellation.
- C. Point-of-sale software and hardware, and related software and hardware. You must purchase (or lease) the point-of-sale software and hardware, and related software and hardware, that we specify. See Item 11 for more details.
- D. Inventory from Better Blend Nutrition LLC. Our affiliate Better Blend Nutrition LLC will sell certain inventory to you. Currently, it is the sole supplier of your mixes, to-go bags, BlendBox Pouches, and BlendBox Boxes.
- E. Restaurant Equipment; Other Inventory and Supplies. All of your kitchen equipment must meet our specifications and be purchased only from approved suppliers. You must purchase our proprietary protein blend from our specified vendor. All of your food, supplements, beverage, packaging, and other inventory purchases must meet our specifications and be purchased only from approved suppliers. You must use a distributor that we approve.
- F. Advertising and Marketing. Except as otherwise provided in the Brand Standards Manual and advertising or marketing materials that we furnish to you, you must submit all advertising and marketing materials to us for our written approval before use. You must ensure that all advertising or marketing materials that you use are clear, factual, ethical, and not misleading;
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 17–20)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend has the right to require franchisees to purchase or lease all goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items related to establishing or operating their business either from Better Blend or its designee, or from suppliers approved by them, or according to their specifications. Franchisees must comply with any changes Better Blend makes to these requirements in the future. Better Blend also issues specifications and standards for applicable aspects of the franchise in their manual and/or in written directives, and may modify existing specifications and standards at any time.
Specifically, franchisees must purchase or lease point-of-sale software and hardware that Better Blend specifies. All kitchen equipment must meet Better Blend's specifications and be purchased only from approved suppliers. Franchisees must purchase the proprietary protein blend from Better Blend's specified vendor. All food, supplements, beverage, packaging, and other inventory purchases must meet Better Blend's specifications and be purchased only from approved suppliers, and franchisees must use a distributor that Better Blend approves. Better Blend's affiliate, Better Blend Nutrition LLC, is currently the sole supplier of mixes, to-go bags, BlendBox Pouches, and BlendBox Boxes.
If a franchisee wants to use a supplier that is not on Better Blend's list of approved suppliers, they must request Better Blend's approval in writing, which Better Blend can approve or reject at its sole discretion. Better Blend may condition its approval on criteria they deem appropriate, such as evaluations of the supplier's capacity, quality, financial stability, reputation, and reliability, inspections, product testing, and performance reviews. Better Blend will provide written notification of the approval or disapproval of any supplier within 30 days after receipt of the request.
Better Blend estimates that the required purchases and leases to establish the business are 70% to 90% of the total purchases and leases to establish the business. They estimate that the required purchases and leases of goods and services to operate the business are 70% to 90% of the total purchases and leases of goods and services to operate the business. Better Blend Nutrition LLC received $139,598.63 from franchisee purchases in the prior fiscal year. While Better Blend does not currently receive payments from any designated suppliers, the franchise agreement does not prohibit them from doing so.