Does the Better Blend 'System' include particular menu items for Better Blend businesses?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
("BBF"), and Franchisee effective as of the date signed by BBF (the "Effective Date").
Background Statement:
- A. BBF and its affiliate Better Blend Nutrition LLC have created and own a system (the "System") for developing and operating a healthy and convenient quick service restaurant specializing in nutritionally complete smoothies and smoothie bowls under the trade name "Better Blend".
- B. The System includes (1) methods, procedures, and standards for developing and operating a Better Blend business, (2) plans, specifications, equipment, signage, and trade dress for Better Blend businesses, (3) particular menu items, beverages, products, and services, (4) the Marks, (5) training programs, (6) business knowledge, (7) marketing plans and concepts, and (8) other mandatory or optional elements as determined by BBF from time to time.
- C. The parties desire that BBF license the Marks and the System to Franchisee for Franchisee to develop and operate a Better Blend business on the terms and conditions of this Agreement.
ARTICLE 1. DEFINITIONS
- "Action" means any action, suit, proceeding, claim, demand, governmental investigation, governmental inquiry, or judgment or appeal thereof, whether formal or informal.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the Better Blend System does include particular menu items. The franchise agreement states that the Better Blend system includes methods, procedures, and standards for operating a Better Blend business, including particular menu items, beverages, products, and services.
Better Blend franchisees are required to offer all menu items, beverages, and other products and services that Better Blend prescribes in the manual or in writing. Franchisees must also follow all recipes prescribed by Better Blend, including using only the ingredients specified or authorized by Better Blend.
This means that as a franchisee, you will have limited flexibility in what you can sell and how you prepare it. This ensures consistency across all Better Blend locations, which is a common practice in franchising. However, it also means you must adhere to Better Blend's standards and may not be able to cater to local preferences or introduce your own menu items without approval.