Does the Better Blend 'System' include training programs for Better Blend franchises?
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.
- "Adjusted Gross Sales" means the total dollar amount of all sales generated through the Business for a given period, including, but not limited to, payment for any services or products sold by Franchisee, whether for cash or credit, and any proceeds of business interruption insurance.
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 training programs. The franchise agreement states that the Better Blend system includes methods, procedures, and standards for operating a Better Blend business, plans and specifications, equipment, signage, trade dress, menu items, beverages, products, services, the brand's trademarks, training programs, business knowledge, marketing plans, and other elements determined by Better Blend.
Better Blend also provides pre-opening training to the Principal Executive and up to three other employees. This training takes place at Better Blend's headquarters or at a Better Blend business designated by the company. Better Blend does not charge a fee for this training; however, the franchisee is responsible for their own travel, lodging, meal, and other out-of-pocket expenses. Better Blend retains the right to change the length and content of the initial training program based on the experience and skill level of the individuals attending the program.
For franchisees opening their first Better Blend location, 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. However, if the franchisee or its affiliates already have two or more Better Blend locations, Better Blend is not obligated to provide opening support.