Is training an obligation of the Burros Fries franchisee?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee specifically acknowledges that, pursuant to this Agreement, Franchisee will receive valuable specialized training, our Confidential Information and our System.
Franchisee agrees that, except as otherwise approved in writing by us, Franchisee shall not, during the term of this Agreement and for a period of two (2) years from the date of (i) a transfer permitted under this Agreement; (ii) the expiration or termination of this Agreement (regardless of the cause for termination); or (iii) a final order of a duly authorized arbitrator, panel of arbitrators, or a court of competent jurisdiction (after all appeals have been taken) with respect to any of the foregoing or with respect to the enforcement of this Section 19.C, either directly or indirectly for itself, or through, on behalf of, or in conjunction with, any person, persons, or legal entity, own, maintain, operate, engage in, be employed by, or have any interest in any business using any aspect of the System, the overall Burros & Fries business concept, with similar Products and/or Services within a ten (10) mile radius of the Accepted Location designated hereunder, or within a ten (10) mile radius of any other System franchise or company-owned business in existence or planned as of the time of termination or expiration of this Agreement as identified in the Franchise Disclosure Document in effect as of the date of expiration or termination of this Agreement.
The unenforceability of all or part of this covenant not to compete in any jurisdiction will not affect the enforceability of this covenant not to compete in any other jurisdictions, or the enforceability of the remainder of this Agreement. This covenant not to compete is given in part in specific consideration for access to trade secrets provided as a part of our training or ongoing support programs. In any jurisdiction in which the covenant contained in this Section 19 or any part of it is deemed not enforceable in whole or in part, Franchisee hereby grants us an option to purchase Franchisee's Business on expiration or termination of this Agreement. In such case, we may exercise this option by giving thirty (30) days' written
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees receive valuable specialized training as part of the franchise agreement. Franchisees must keep the methods of operations and Operations Manuals confidential, disclosing them only to employees, agents, and representatives who need access to operate the business. Franchisees must also adhere to all security procedures.
Burros Fries provides ongoing support and training via phone and email during regular business hours (Pacific Standard Time). This support includes consultation, a free telephone helpline, updates to approved products and services, manual specifications, and marketing and operational updates. They also review advertising, product, supply, kitchen equipment, and vendor/supplier approval requests, and administer the System Advertising Fund.
Furthermore, Burros Fries offers a webpage within the corporate website that includes interactive functionality and portals for additional training, advertising, operational, and support materials. While franchisees can customize parts of this webpage with approval, the overall look must remain consistent with the Operations Manual. Franchisees are responsible for the costs of any changes they request to the webpage, which must be performed by Burros Fries, its affiliates, or approved vendors.