Can Bombs Away Franchising unilaterally modify the Manual or System Standards?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
conducted the audit because Franchisee failed to submit required reports or was otherwise not in compliance with the System, or (ii) the audit reveals that Franchisee understated Gross Sales by 3% or more for any month.
ARTICLE 11. FRANCHISOR RIGHTS
- 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 right to modify the Manual and System Standards at its discretion. Specifically, Bombs Away Franchising may supplement, revise, or modify the Manual, and change, add, or delete System Standards at any time. Bombs Away Franchising can inform franchisees of these changes through any method it deems appropriate. In case of a dispute, Bombs Away Franchising's master copy of the Manual will be the controlling document.
This means that as a Bombs Away franchisee, you must adhere to the most current version of the Manual and System Standards, even if they change after you sign the Franchise Agreement. Bombs Away Franchising has the power to make these changes unilaterally, without requiring your consent. The method of communication for these changes is also at Bombs Away Franchising's discretion, so it is important to stay connected and informed through all channels the franchisor may use.
This also means that Section 18.4 of the franchise agreement, which states that no modification or amendment of the agreement will be effective unless it is in writing and signed by both parties, does not apply to Bombs Away Franchising's right to modify the Manual or System Standards. Franchisees should be aware that the System Standards are defined broadly in the FDD, covering areas from business metrics and customer service to technology and product offerings. Therefore, Bombs Away has wide latitude to alter how a franchise operates during the term of the agreement.