Must a Burros Fries franchisee adhere to cleaning standards and laundry service requirements?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees to fully comply with all mandatory specifications, standards, operating procedures and rules in effect which may change from time to time relating to safety, maintenance, cleanliness, sanitation, function and appearance of the Business and its kitchen equipment, décor and signage. Nothing in this Agreement shall be construed to imply or establish an obligation on our part to incur any liability to Franchisee for any loss of revenue incurred by Franchisee as a result of our decision to change, modify or discontinue our cleanliness standards or laundry service requirements. Franchisee agrees that we have the right, in our sole discretion, to change, modify, add or discontinue our cleanliness standards and laundry requirements. We will provide Franchisee with ninety (90) days' notice to implement such cleanliness standards and/or laundry service requirement changes and Franchisee agrees to immediately comply with such changes at its own expense. Failure of Franchisee to adhere to our cleaning standards and/or laundry service requirements may result in termination as described in Section 23.C of this Agreement.
F. Laundry Service Fee
Franchisee is required to use a professional laundry service that is scheduled to clean Franchisee's towels, mats and aprons on a weekly basis. It is Franchisee's responsibility to find and hire a professional laundry service that meets our standards. We will provide Franchisee with a written list of cleaning standards and recommended procedures to follow when hiring a laundry service during the initial training program. The cost for such laundry services ranges from one thousand one hundred dollars ($1,000) to one thousand five hundred dollars ($1,500) per month and is payable to our approved vendors or third parties. We may, at our sole discretion, change such professional laundry service requirements at any time and will provide Franchisee with ninety (90) days' written notice to implement such changes. Franchisee acknowledges that Franchisee must comply with such changes in laundry service requirements at its own expense. If Franchisee fails to comply with our new laundry service requirements within the timeframe stated above, such failure may be deemed a material breach of this Agreement subjecting Franchisee to all remedies at law and as set forth in this Agreement.
Franchisee must adhere to our laundry service standards, sell Products, execute all Services and operate the Business in strict conformity with such standards, techniques, and operational procedures as we may from time to time prescribe in the Operations Manual, or otherwise in writing, and shall not deviate without our prior written consent. Franchisee also agrees to purchase all kitchen equipment (as defined in Section 12.I) and technology items (such as a POS system, computers, and sound systems) and to operate, service, repair, maintain and clean all such items according to our standards as outlined in the Operations Manual. Franchisee must keep all kitchen equipment and technology items in clean and good working order at all times and purchase only approved parts to repair its kitchen equipment and technology items from our approved vendors and suppliers. All maintenance to the kitchen equipment and technology items that cannot be completed by Franchisee must be performed by our approved vendors. Unless otherwise agreed by us in writing, in no event shall Franchisee use any kitchen equipment that is more than ten (10) years old; and technology items that are more than seven (7) years old. Franchisee agrees to replace all kitchen equipment and technology items at Franchisee's expense as such items (i) become obsolete or inoperable; or (ii) if, in our sole discretion, replacement is necessary because of new functionality, change in software, change in methods of service or because of health or safety considerations. Franchisee has ninety (90) days after Franchisee receives written notice from us to either remove or replace such kitchen equipment and technology items. Failure of Franchisee to remove, replace and/or maintain its kitchen equipment and technology items as described above may result in termination as described in Section 23.C of this Agreement.
G. Inspection Fee
To maintain the highest degree of quality and service, we reserve the right to charge Franchisee a one-thousand-dollar ($1,000) inspection fee if we, or our affiliates, inspects the Business and it does not pass the inspection for a second time in any two (2) year period. We may, at our sole discretion, change such inspection fees at any time and will provide Franchisee with ninety (90) days' written notice to implement such changes. Franchisee acknowledges that Franchisee must comply with such changes in inspection fee requirements at its own expense. The foregoing shall be in addition to any other remedies we may have pursuant to this Agreement.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must adhere to specific cleaning standards and laundry service requirements. Burros Fries has the right to change or discontinue these standards and laundry service requirements at its discretion, providing franchisees with 90 days' notice to implement such changes at their own expense. Failure to comply with these standards and requirements may result in termination of the franchise agreement.
Burros Fries franchisees are required to use a professional laundry service to clean towels, mats, and aprons weekly. The franchisee is responsible for finding and hiring a laundry service that meets Burros Fries' standards. Burros Fries will provide a written list of cleaning standards and recommended procedures during the initial training program. The estimated cost for these laundry services ranges from $1,000 to $1,500 per month, payable to approved vendors or third parties. Burros Fries may change these laundry service requirements, providing 90 days' written notice for implementation, with the franchisee bearing the costs.
Franchisees must also maintain and clean kitchen equipment and technology items according to Burros Fries' standards outlined in the Operations Manual, purchasing only approved parts from approved vendors for repairs. Equipment that cannot be maintained by the franchisee must be serviced by approved vendors. Kitchen equipment older than ten years and technology items older than seven years may not be used unless otherwise agreed in writing. Franchisees are responsible for replacing obsolete or inoperable equipment, or equipment that Burros Fries deems necessary to replace due to new functionality, software changes, service methods, or health and safety considerations, within 90 days of written notice. Failure to maintain or replace equipment as required may result in termination of the franchise agreement.
To maintain quality and service, Burros Fries reserves the right to charge a $1,000 inspection fee if a Burros Fries location fails an inspection for a second time within a two-year period. Burros Fries may change inspection fees, providing 90 days' written notice, with the franchisee responsible for the costs. This fee is in addition to any other remedies Burros Fries may have under the franchise agreement.