What is the Burros Fries franchisee's obligation regarding the maintenance of technology items?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
tional programs, marketing programs and/or product promotions promulgated by us periodically.
I. Use Approved Products, Supplies, Kitchen Equipment, Vendors and Suppliers
Franchisee acknowledges that we have spent considerable time in developing the Products, Services, standards, processes, methods and technology used in the operation of a Burros & Fries Business. Accordingly, Franchisee acknowledges that Franchisee is to use only approved products, supplies, kitchen equipment, vendors, suppliers and services that includes, but is not limited to: ingredients (such as dry goods, our spice packages, sauces, dressings, condiments, etc.), fresh produce, dairy products; beverage products (such as: tea, carbonated drinks, juices and specialty beverages), supplies (such as small wares, disposables, packaging materials, disposables and cooking supplies), any merchandise for sale (such as: shirts, hats, baby bibs, etc.), kitchen equipment (such as: refrigerators, freezers, etc. as described in Item 7), furnishing and fixtures, technology items (such as computers, POS system, sound system, etc.), software, printed menus, signage, uniforms, professional laundry services, merchant services, POS and technology support services and printed advertising materials necessary for the operation of the Business. We may derive income through license fees, promotional fees, advertising allowances, rebates or other monies paid by approved vendors and/or suppliers. We do not know the precise basis of these payments because we have never previously collected them but if we collect such payments we have the discretion to use them as we determine. If we require Franchisee to buy from us, products, supplies or kitchen equipment the price and quality will be comparable to similar products, supplies and kitchen equipment from other sources Franchisee agreesthat we may periodically and upon written notice, add to, modify or change such approved products, supplies, kitchen equipment, vendors and suppliers and there is no limit in our right do so. Franchisee promises to promptly accept and implement, in the operation of its Business, all such additions, modifications and changes at Franchisees expense. In addition, Franchisee acknowledgesthat:
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- We have spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage. This is part of our trade dress. Franchisee must purchase such items from us and/or our affiliates or approved vendors as specified in the Operations Manual and Section 12.T of this Agreement.
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Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries FDD, franchisees are required to use only approved technology items, such as computers, POS systems, and sound systems, from approved vendors. Burros Fries may collect income from these approved vendors through license fees, promotional fees, advertising allowances, or rebates, and has the discretion to use these funds as they determine.
Burros Fries retains the right to add to, modify, or change the approved products, supplies, kitchen equipment, vendors, and suppliers, and franchisees are obligated to promptly accept and implement these changes at their own expense. This ensures uniformity and quality across all franchised businesses.
If a Burros Fries franchisee wants to make changes to their webpage, they must submit a written request for approval. If approved, the franchisee is responsible for the costs associated with these changes, and all changes, edits, and updates to the webpage must be performed by Burros Fries, its affiliates, or approved vendors. This maintains brand consistency and control over the online presence of Burros Fries.