Does Better Homes And Gardens Real Estate have the right to modify optional programs?
Better_Homes_And_Gardens_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
10.2 P&P Manual. You will be provided with access to the P&P Manual on our intranet site (and/or any successor internet portal and/or application). The P&P Manual contains various suggestions as well as certain mandatory specifications, standards and operating procedures that we have developed as part of the System. You acknowledge that the mandatory provisions of the P&P Manual are designed to protect our standards and systems, our Marks and the goodwill associated with the System, and not to control the day-to-day operation of the Business. You must comply with mandatory provisions in the P&P Manual and ensure compliance with such mandatory provisions by your brokers, independent sales associates, employees, Responsible Broker and Related Parties for the protection of the Better Homes and Gardens Real Estate® brand and System.
We reserve the right to make reasonable changes in the P&P Manual that we determine are appropriate in our Reasonable Business Judgment for the continued success and development of the System and its franchisees. We may also modify the P&P Manual at any time to reflect changes in the System and will reflect those in the P&P Manual located on the intranet site. At your own expense, at the applicable then-current fees and costs, you must adopt on a timely basis (but no later than ninety (90) days after notice) any such modifications. If there is any conflict, discrepancy or ambiguity between the terms of this Agreement and the P&P Manual, the terms of this Agreement will control. If a dispute arises over the P&P Manual contents, the master copy that we maintain on our intranet site, will control.
Source: Item 22 — CONTRACTS (FDD page 76)
What This Means (2025 FDD)
Based on the 2025 Better Homes And Gardens Real Estate Franchise Disclosure Document, the Policies and Procedures (P&P) Manual contains both suggestions and mandatory specifications, standards, and operating procedures. Better Homes And Gardens Real Estate retains the right to make reasonable changes to the P&P Manual. These changes are based on their business judgment for the continued success and development of the Better Homes And Gardens Real Estate system and its franchisees.
Better Homes And Gardens Real Estate can modify the P&P Manual at any time to reflect changes in the system. These modifications will be reflected in the P&P Manual located on the intranet site. Franchisees are responsible for adopting these modifications in a timely manner, specifically no later than 90 days after receiving notice, and at their own expense, including applicable fees and costs.
In the event of any conflict, discrepancy, or ambiguity between the terms of the Franchise Agreement and the P&P Manual, the terms of the Franchise Agreement will take precedence. If a dispute arises over the contents of the P&P Manual, the master copy maintained by Better Homes And Gardens Real Estate on its intranet site will be the controlling document. This clause does not explicitly address optional programs, but the P&P manual may include details of optional programs.