What happens if a Bor Restoration franchisee is convicted of a crime?
Bor_Restoration Franchise · 2024 FDDAnswer 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
I further understand and agree that should any criminal or credit background checks 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, both initial and ongoing criminal background checks are a condition of being considered as a franchisee. Bor Restoration obtains a franchisee's criminal conviction history from law enforcement agencies, criminal background service providers, municipalities, states, or the FBI when a candidate applies to become a franchisee and during the term of the franchise agreement. The criminal history record may include arrest and conviction data, plea bargains, deferred adjudication, as well as social security verification and driving history. Franchisees have a limited opportunity to review the criminal history, and a process is available for clarification if the record is disputed.
Furthermore, the FDD states that if any criminal background checks done during the term of the franchise agreement disclose any material change in a franchisee's status, it may result in the termination of their franchise. This means that a criminal conviction during the franchise term could lead to the termination of the franchise agreement.
Bor Restoration also requires franchisees to release and indemnify them and their officers, directors, employees, and agents harmless from and against all liability, expense (including court costs and attorneys' fees), and claims for damage of any nature whatsoever resulting from the investigation of their background in connection with their application to, and ongoing performance as a franchisee. The franchisee also certifies that the information provided is true and complete and understands that false or misleading information will render the application void and may result in the termination of the franchise.