What recourse does a Bombs Away franchisee have if they disagree with changes to required goods and services?
Bombs_Away Franchise · 2024 FDDAnswer 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.
- 8.5 No Liability of Franchisor. Bombs Away Franchising shall not have any liability to Franchisee for any claim or loss related to any product provided or service performed by any Approved Vendor or Required Vendor, including without limitation defects, delays, or unavailability of products or services.
"System Standards" means, as of any given time, the then-current mandatory procedures, requirements, and/or standards of the System as determined by Bombs Away Franchising, which may include without limitation, any procedures, requirements and/or standards for appearance, business metrics, cleanliness, customer service, design, equipment, inventory, marketing and public relations, operating days, operating hours, presentation of Marks, product and service offerings, quality of products and services (including any guaranty and warranty programs), reporting, safety, technology (such as computers, computer peripheral equipment, smartphones, point-of-sale systems, back-office systems, information management systems, security systems, video monitors, other software, backup and archiving systems, communications systems (including email, audio, and video systems), payment acceptance systems, and internet access, as well as upgrades, supplements, and modifications thereto), uniforms, and vehicles.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 27–28)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, Bombs Away Franchising has the discretion to change, add, or delete System Standards at any time. These System Standards encompass mandatory procedures, requirements, and standards that include product and service offerings and quality of products and services. Bombs Away Franchising can inform franchisees of these changes through any method they deem appropriate.
In the event of a dispute regarding the contents of the Manual, Bombs Away Franchising's master copy will be the controlling document. This implies that franchisees have limited recourse if they disagree with changes to required goods and services, as Bombs Away Franchising has the ultimate authority to modify the System Standards and the Manual.
This arrangement is typical in franchising, where franchisors maintain control over brand standards and operational procedures to ensure consistency across all franchise locations. However, it places the risk of potentially unfavorable changes on the franchisee, who may have limited ability to negotiate or challenge these changes. A prospective Bombs Away franchisee should carefully consider this aspect and discuss with existing franchisees how Bombs Away Franchising has handled changes to required goods and services in the past.