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Can Bombs Away Franchising change the 'System Standards'?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Bombs Away Franchising.

Bombs Away Franchising may supplement, revise, or modify the Manual, and Bombs Away Franchising may change, add or delete System Standards at any time in its discretion.

Bombs Away Franchising may inform Franchisee thereof by any method that Bombs Away Franchising deems appropriate (which need not qualify as "notice" under Section 18.9).

In the event of any dispute as to the contents of the Manual, Bombs Away Franchising's master copy will control.

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

What This Means (2024 FDD)

According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away Franchising has the authority to change, add, or delete System Standards at any time and at its discretion. These System Standards encompass the mandatory procedures, requirements, and standards of the Bombs Away system, which include a wide array of aspects such as appearance, business metrics, cleanliness, customer service, design, equipment, inventory, marketing, operating days and hours, presentation of marks, product and service offerings, quality, reporting, safety, technology, uniforms, and vehicles.

This means that as a Bombs Away franchisee, you must adhere to the System Standards set by Bombs Away Franchising, and these standards are subject to change. Bombs Away Franchising can inform franchisees of these changes through any method they deem appropriate. Franchisees are required to acquire all inputs in accordance with the System Standards, and Bombs Away Franchising can mandate purchases from specific vendors or under specific specifications.

Furthermore, Bombs Away Franchising may vary or waive any System Standard for any one or more Bombs Away franchises due to specific circumstances such as site peculiarities, population density, business potential, trade area population, existing business practices, or applicable laws and regulations. However, franchisees are not entitled to the same variation or waiver, meaning that changes can be implemented differently across different franchise locations at the discretion of Bombs Away.

In the event of a dispute regarding the contents of the Manual, Bombs Away Franchising's master copy will control, which underscores the importance of staying updated with any modifications made by Bombs Away. Franchisees must also meet or exceed any minimum score requirements set by Bombs Away Franchising for customer evaluation programs and may be required to participate in training programs at any time, bearing the associated costs.

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.