Can Bor Restoration conduct criminal background checks on franchisees?

I understand that an initial and ongoing credit and criminal background check is a condition of being considered as a franchise candidate (and franchisee) of BOR Franchising, LLC (BFL)

I consent to BFL obtaining my criminal conviction history from any law enforcement agency, criminal background service provider, municipality, state, or the FBI. I understand that BFL will obtain this information when I apply to become a franchisee and during the Term of my franchise agreement. The criminal history record, as received from the reporting entity, may include, but not be limited to, arrest and conviction data, plea bargains, deferred adjudication, as well as social security verification. It may also include information regarding driving history. I understand that I will have a limited opportunity to review the criminal history, and a process is available for clarification if I dispute the record as received.

I further consent to BFL obtaining my credit history from all three credit-reporting agencies. I understand that BFL will obtain this information when I apply to become a franchisee and during the Term of my franchise agreement.

I release and agree to indemnify BFL and its officers, directors, employees, and agents harmless from and against all liability, expense (including court cost and attorneys' fees), and claims for damage of any nature whatsoever resulting from the investigation of my background in connection with my application to become, and ongoing performance as a franchisee.

I certify that the information provided in this form is true and complete. I understand that false or misleading information given in my application to purchase a franchise, any subsequent written documents, any interview(s), any other documents given to BFL, or on this form will render my application void and will result in my not being able to purchase a franchise or may result in the termination of my franchise. I authorize you to make a criminal background investigation and other such investigations as necessary to determine whether I may purchase a franchise or retain my rights as a franchisee.

Any criminal background check (as permitted by you under Exhibit 3 and which may be conducted at any time during any term of this Franchise Agreement) discloses, or if we learn through any other method, that you have been arrested for, convicted of, or plead no contest to, a crime (whether a petty offense, misdemeanor, or felony) involving moral turpitude; are arrested for, convicted of, or plead no contest to, a felony of any nature; or are arrested for, convicted of, or plead no contest to, any crime (whether a petty offense, misdemeanor, or felony), or civil offense that is reasonably likely, in our sole opinion, unfavorably reflects on the System, Marks, or the goodwill or reputation thereof.

BOR Franchising, LLC agrees not to use any confidential information obtained though this confidential questionnaire for any purpose except to evaluate and engage in discussions concerning a potential franchise relationship between applicant and R. F. Bunker.

BFL will keep this form on file for the Term of my franchise agreement and for 24 months following its termination for any reason.

Source: Item 23 — Receipts (FDD pages 40–202)