factual

What happens if a Bor Restoration franchisee is arrested for a crime?

Bor_Restoration Franchise · 2024 FDD

Answer from 2024 FDD Document

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. There is no guarantee that such rights will be granted.

I further understand and agree if any criminal or credit background checks are done during the term of the franchise agreement disclose any material change in my status, the same may result in the termination of my franchise.

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

What This Means (2024 FDD)

According to Bor Restoration's 2024 Franchise Disclosure Document, the company conducts initial and ongoing credit and criminal background checks on franchisees. As part of the Credit and Criminal Background Check Release Form, franchisees consent to Bor Restoration obtaining their criminal conviction history from various law enforcement agencies and the FBI, both when applying to become a franchisee and during the term of the franchise agreement. This record may include arrest and conviction data, plea bargains, deferred adjudication, and social security verification, as well as driving history. Franchisees have a limited opportunity to review and clarify the criminal history record if they dispute it.

Bor Restoration emphasizes the importance of providing true and complete information. Providing false or misleading information during the application process, in subsequent documents, or during interviews can render the application void, preventing the individual from purchasing a franchise.

Furthermore, Bor Restoration states that if any criminal or credit background checks conducted during the term of the franchise agreement reveal any material change in the franchisee's status, it may result in the termination of their franchise. Bor Restoration retains the right to conduct criminal background investigations to determine whether an individual may purchase or retain their rights as a franchisee, with no guarantee that such rights will be granted. The company will keep the Credit and Criminal Background Check Release Form on file for the duration of the franchise agreement and for two years following its termination.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.