factual

Can Bombs Away Franchising establish Market Cooperatives in any geographical area?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 9.4 Market Cooperatives. Bombs Away Franchising may establish market advertising and promotional cooperative funds ("Market Cooperative") in any geographical areas.

If a Market Cooperative for the geographic area encompassing the Territory has been established at the time Franchisee commences operations hereunder, Franchisee shall immediately become a member of such Market Cooperative.

If a Market Cooperative for the geographic area encompassing the Territory is established during the term of this Agreement, Franchisee shall become a member of such Market Cooperative within 30 days.

Bombs Away Franchising shall not require Franchisee to be a member of more than one Market Cooperative.

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 establish market advertising and promotional cooperative funds, referred to as "Market Cooperatives," in any geographical area.

If a Market Cooperative exists in the franchisee's territory when they begin operations, the franchisee must immediately join. If a Market Cooperative is created during the term of the Franchise Agreement, the franchisee is required to become a member within 30 days. Bombs Away Franchising will not require a franchisee to be part of more than one Market Cooperative.

The purpose of these Market Cooperatives is to manage regional advertising and marketing programs and create standardized promotional materials, subject to Bombs Away Franchising's approval. Franchisees should be aware that Bombs Away Franchising has significant control over these cooperatives, including governance, required bylaws, and the ability to attend meetings. The majority vote of the Market Cooperative determines the dues to be paid by members, with the dues being not less than 1% and not more than 5% of Gross Sales. Bombs Away Franchising retains the right to enforce contribution obligations and may terminate any Market Cooperative, with remaining funds transferred to the Marketing Fund.

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.