factual

Is a Bombs Away Franchisee automatically entitled to the same System Standard variation or waiver granted to another franchisee?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 11.9 System Variations. Bombs Away Franchising may vary or waive any System Standard for any one or more Bombs Away franchises due to the peculiarities of the particular site or circumstances, density of population, business potential, population of trade area, existing business practices, applicable laws or regulations, or any other condition relevant to the performance of a franchise or group of franchises. Franchisee is not entitled to the same variation or waiver.

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

What This Means (2024 FDD)

According to Bombs Away's 2024 Franchise Disclosure Document, a franchisee is not automatically entitled to the same System Standard variation or waiver granted to another Bombs Away franchisee. Bombs Away retains the right to vary or waive any System Standard for individual franchises based on specific circumstances. These circumstances can include the peculiarities of a site, population density, business potential, trade area population, existing business practices, applicable laws or regulations, or any other condition relevant to the performance of the franchise.

This means that even if another Bombs Away franchisee receives a special exception or modification to the standard operating procedures, a new franchisee cannot assume they will receive the same treatment. Each franchise location is evaluated independently, and Bombs Away will make decisions based on what it deems appropriate for that specific situation.

For a prospective Bombs Away franchisee, this highlights the importance of understanding that the franchise system is not necessarily uniform in practice. Franchisees should not rely on anecdotal evidence of waivers or variations granted to others when making their own business plans. Instead, they should focus on understanding the standard System Standards and how they apply to their specific territory and business circumstances. If a franchisee anticipates needing a variation, they should discuss this with Bombs Away during the due diligence process to understand the likelihood of obtaining such a waiver.

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.