Does Bor Restoration require a release for criminal and credit check as an exhibit?
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
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, a credit and criminal background check release form is required as part of the application process. This requirement extends not only to the initial application but also throughout the term of the franchise agreement. The applicant must consent to Bor Restoration obtaining their criminal conviction history from various law enforcement agencies and their credit history from all three credit-reporting agencies.
By signing the release, the applicant agrees to indemnify Bor Restoration and its representatives against any liabilities or expenses resulting from the background investigation. The applicant also certifies that all information provided is true and complete, understanding that any false or misleading information can void their application or lead to the termination of their franchise. This release authorizes Bor Restoration to conduct necessary investigations to determine the applicant's eligibility to purchase and maintain the franchise.
Bor Restoration retains the right to keep this form on file during the franchise agreement and for two years after termination. Furthermore, any material change in the franchisee's criminal or credit background during the franchise term may result in termination. This comprehensive background check process is a condition for being considered as a franchise candidate and continuing as a franchisee, ensuring Bor Restoration maintains certain standards and manages potential risks associated with its franchisees.