What happens if a Bor Restoration franchisee breaches the franchise agreement?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD page 33)
What This Means (2024 FDD)
According to the 2024 Bor Restoration Franchise Disclosure Document, failure to comply substantially with the Franchisee Manuals will be considered a breach of the Franchise Agreement. The Franchisee Manuals contain Bor Restoration's standards, specifications, and operating and marketing procedures that franchisees must utilize in operating the Business.
It is important to note that Bor Restoration will update the manuals from time to time, and franchisees must comply with the changes within the time required by such updates. The manuals are Bor Restoration's sole property and will be used by the franchisee only during the term of the Franchise Agreement and in strict accordance with the terms and conditions of the agreement. Bor Restoration 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 the franchisee. Once notified, the franchisee must make the change that is specified, and all such changes will be effective as stated in such notice.
Additionally, the FDD includes addenda for franchisees in Maryland and Minnesota that address specific rights and legal considerations under those states' franchise laws. For example, in Maryland, certain franchisee waivers or releases of liability under the Maryland Franchise Registration and Disclosure Law are not enforceable. In Minnesota, the Franchise Agreement is amended to comply with the requirements of the Minnesota Commission of Securities.