What guidance does the franchisor furnish to Big Apple Bagels franchisees?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
he travel and living expenses (including local transportation expenses) incurred while attending the initial training program and any refresher training programs and/or conventions.
- b. Guidance and Assistance. Franchisor shall furnish guidance to Franchisee with respect to: (1) specifications, standards and operating procedures utilized by BAGELS Stores, and any modifications thereof; (2) purchasing approved equipment, furniture, POS Systems, signs, operating materials and supplies; (3) methods of food preparation and sale and improvements thereon; and (4) the establishment and maintenance of administrative, bookkeeping, accounting and general operating and management procedures. Such guidance shall, in the discretion of Franchisor, be furnished in or supplemented by the BAGELS Operations Manual, Franchisee intranet, bulletins, written reports and recommendations, other written materials, and/or telephonic consultations or consultations at the offices of Franchisor or at Franchisee's location. Franchisor shall make no separate charge to Franchisee for such operating assistance, provided that Franchisor may make reasonable charges for forms and other materials supplied to Franchisee and for operating assistance made necessary in the judgment of Franchisor as a result of Franchisee's failure to comply with any provision of this Agreement or any specification, standard or operating procedure prescribed by Franchisor or operating assistance requested by Franchisee in excess of that normally provided by Franchisor.
- c. BAGELS Operations Manual. Franchisor will lend to Franchisee during the term of the Franchise one copy of the BAGELS Operations Manual (the "BAGELS Operations Manual"). The BAGELS Operations Manual contains mandatory and suggested specifications, standards, and operating procedures prescribed from time to time by Franchisor for a BAGELS Store and information relative to other obligations of Franchisee hereunder. Franchisee must comply with all mandatory specifications, standards and procedures set forth in the BAGELS Operations
Manual. Franchisor may make reasonable modifications to the BAGELS Operations Manual from time to time to reflect changes in the specifications, standards and operating procedures of BAGELS Stores. No such modification shall alter Franchisee's fundamental rights under this Agreement. For purposes of this Paragraph, "fundamental rights" shall mean the rights of Franchisee with respect to the financial terms specified in this Agreement, Franchisee's territorial rights (if any), and Franchisee's right to operate its business in the manner set forth in this Agreement and in the BAB ns Manual. Franchisee shall keep his copy of the BAGELS Operations Manual current by immediately inserting all modified pages furnished by Franchisor for the BAGELS Operations Manual and received by Franchisee. In the event of a dispute relative to the contents of the BAGELS Operations Manual , the master copy maintained by Franchisor at its principal office shall be controlling. Franchisee may not at any time copy any part of the BAGELS Operations Manual or remove any Manual from Franchisee's place of business.
5. MARKS.
- a. Ownership and Goodwill of Marks. Franchisee acknowledges that Licensor owns the Marks and that Franchisor has been authorized by Licensor to use the Marks in connection with its franchise program. Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of business pursuant to and in compliance with this Agreement and all applicable specifications, standards and operating procedures prescribed by Franchisor from time to time during the Term. Any unauthorized use of the Marks by Franchisee shall constitute an infringement of the rights of Franchisor and Licensor in and to the Marks. At Franchisor's sole option, Franchisor may pursue the remedies available under trademark counterfeiting laws, in addition to or instead of trademark infringement.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the franchisor provides guidance and assistance to franchisees on several key aspects of the business. This includes specifications, standards, and operating procedures used by Big Apple Bagels stores, including any modifications. Big Apple Bagels also guides franchisees in purchasing approved equipment, furniture, POS systems, signs, operating materials, and supplies. Furthermore, they offer guidance on methods of food preparation and sale, along with improvements to these methods, and the establishment and maintenance of administrative, bookkeeping, accounting, and general operating and management procedures. This guidance is provided through the Big Apple Bagels Operations Manual, franchisee intranet, bulletins, written reports and recommendations, other written materials, and telephonic or in-person consultations.
Big Apple Bagels also provides an initial training program to the franchisee and one additional designated person. This program covers all phases of store operations, including unit operations, bookkeeping, inventory management, and local store marketing. The training program lasts for a minimum of ten days and takes place at a designated store location, the franchisor's corporate location, virtually via telecommunication platforms like Zoom, and at the franchisee's store near its opening. For Satellite Stores, training is a minimum of three days. Franchisees are required to attend refresher and supplemental training programs or regional/national conventions, with the franchisee responsible for travel and living expenses.
This comprehensive support system is typical in franchising, where the franchisor aims to ensure brand consistency and operational efficiency across all locations. The Operations Manual serves as a critical resource, outlining mandatory and suggested procedures. By offering assistance in areas like purchasing, food preparation, and management, Big Apple Bagels helps franchisees navigate the complexities of running the business. The initial and ongoing training programs further equip franchisees with the knowledge and skills necessary to operate a successful Big Apple Bagels store. However, franchisees should be aware that they may incur additional charges for operating assistance if they fail to comply with the franchisor's standards or request assistance beyond what is normally provided.