Does the Bor Restoration Franchise Agreement require the franchisee to operate a 'Business'?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
fect upon termination of the Interim Period. The rights under this Section do not apply in the event of a termination of the Franchise Agreement earlier than the then-current Term's natural end.
ARTICLE 5
MANUALS and SERVICES PROVIDED TO YOU BY US
5.1 Manuals
- a. We will provide you with one or more Manuals, technical bulletins, or other written materials covering our standards, specifications, and operating and marketing procedures that you must utilize in operating the Business. You will comply with the Franchisee Manuals as an essential aspect of your obligations under this Franchise Agreement, and your failure to comply substantially with the Franchisee Manuals will be considered by us to be a breach of this Franchise Agreement.
- b. The Manuals will be updated from time to time, and you must comply with the changes within the time required by such updates.
- c. The Manuals are our sole property and will be used by you only during the Term of this Franchise Agreement and in strict accordance with the terms and conditions hereof.
- d. We may modify any specification as to any goods, service, supplies, or the like, at any time, on a regional or national basis, by an amendment to the Manuals, or by written notice to you. Once you are notified, you must make the change that is specified. All such changes will be effective, as stated in such notice.
5.2 Services Provided by Us Before Commencement of Operations
Before the Opening Date, we will,
- a. assign you an Exclusive Territory;
- b. deliver the Opening Package and the BOR Software Suite;
- c.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, franchisees are required to operate a business according to the standards and procedures outlined in the manuals provided by the franchisor. Specifically, franchisees must adhere to the standards, specifications, and operating and marketing procedures detailed in the Bor Restoration manuals. These manuals are considered an essential aspect of the franchisee's obligations under the Franchise Agreement. Failure to comply substantially with the manuals can be considered a breach of the agreement.
The manuals are updated periodically, and franchisees must comply with these changes within the specified time frame. The manuals remain the sole property of Bor Restoration and are to be used only during the term of the Franchise Agreement, strictly following its terms and conditions. Bor Restoration retains the right to modify specifications for goods, services, and supplies at any time, either regionally or nationally, through amendments to the manuals or written notice. Franchisees are obligated to implement these changes as specified in the notice, with the changes becoming effective as stated in the notice.
Furthermore, upon the expiration, transfer, or termination of the Franchise Agreement, Bor Restoration retains the rights to all contact and electronic information related to the franchisee's business. This includes telephone numbers, directory listings, URLs, web pages, email addresses, and social network addresses associated with any mark. This collateral assignment ensures that Bor Restoration maintains control over the brand's online presence and customer relationships even after a franchise ceases operation.