factual

What activities may be included in a Bombs Away Franchising business evaluation?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 11.2 Business Evaluation. Bombs Away Franchising may accompany Franchisee or its personnel on any services performed for a customer to conduct an evaluation.

If the Location will be open to the public or used for meeting customers or potential customers, Bombs Away Franchising may enter the premises of the Business from time to time during normal business hours and conduct an evaluation.

Franchisee shall cooperate with Bombs Away Franchising's evaluators.

The evaluation may include, but is not limited to, observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies and materials.

Bombs Away Franchising may videotape and/or take photographs of the evaluation.

Bombs Away Franchising may set a minimum score requirement for evaluations, and Franchisee's failure to meet or exceed the minimum score will be a default under this Agreement.

Without limiting Bombs Away Franchising's other rights under this Agreement, Franchisee will, as soon as reasonably practical, correct any deficiencies noted during an evaluation.

If Bombs Away Franchising conducts an evaluation because of a governmental report, customer complaint or other customer feedback, or a default or non-compliance with any System Standard by Franchisee (including following up a previous failed evaluation), then Bombs Away Franchising may charge all out-ofpocket expenses plus its then-current evaluation fee to Franchisee.

Source: Item 22 — CONTRACTS (FDD pages 35–36)

What This Means (2024 FDD)

According to the 2024 Bombs Away Franchise Disclosure Document, Bombs Away Franchising has the right to conduct business evaluations of its franchisees. These evaluations may involve Bombs Away Franchising personnel accompanying the franchisee or their staff during customer service activities. If the Bombs Away location is open to the public or used for meeting clients, Bombs Away Franchising can enter the premises during normal business hours to perform an evaluation. Franchisees are required to cooperate with Bombs Away Franchising's evaluators during these assessments.

The business evaluation conducted by Bombs Away Franchising may include several activities. These include observing the daily operations of the franchise, conducting a physical inventory of supplies and materials, assessing the physical condition of the premises, and monitoring sales activities. Additionally, Bombs Away Franchising may speak with both employees and customers to gather feedback and insights. They are also permitted to remove samples of products, supplies, and materials for further analysis. Bombs Away Franchising reserves the right to videotape and/or take photographs during the evaluation process.

Bombs Away Franchising may establish a minimum score requirement for these evaluations, and failure to meet or exceed this score can result in a default under the Franchise Agreement. Franchisees are expected to promptly correct any deficiencies identified during an evaluation. If an evaluation is triggered by a governmental report, customer complaint, or a failure to comply with System Standards, Bombs Away Franchising may charge the franchisee for all out-of-pocket expenses, as well as their current evaluation fee. This ensures that franchisees maintain the standards and quality expected within the Bombs Away system.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.