If the Bombs Away location is open to the public, can Bombs Away Franchising enter the premises for evaluation?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Bombs Away's 2024 Franchise Disclosure Document, if a Bombs Away location is open to the public or used for meeting customers, Bombs Away Franchising has the right to enter the premises during normal business hours to conduct an evaluation.
This evaluation may include observing operations, conducting a physical inventory, assessing the physical condition of the location, monitoring sales activity, speaking with employees and customers, and taking samples of products, supplies, and materials. Bombs Away Franchising also reserves the right to videotape or take photographs during the evaluation.
The franchisee is required to cooperate with Bombs Away Franchising's evaluators. Bombs Away Franchising may also set a minimum score requirement for these evaluations, and failure to meet this minimum score can result in a default under the Franchise Agreement. The franchisee is responsible for correcting any deficiencies noted during an evaluation. If an evaluation is triggered by a governmental report, customer complaint, or the franchisee's non-compliance with System Standards, Bombs Away Franchising may charge the franchisee for all out-of-pocket expenses, plus their current evaluation fee.