Can Care Plus Medical Ucc require the advertising cooperative to operate from written bylaws?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
Local or Regional Advertising Cooperatives. We do not currently have any local or regional advertising cooperatives. We have the right to require you to participate in a local or regional advertising cooperative. We will define the area of the cooperative based on media markets, or other geographic criteria that we deem appropriate. Each franchisee in the area would have one vote per outlet (unless the franchisee is in default under its franchise agreement). The amount you must contribute to the cooperative will be determined by vote of the members, but not less than 1% and not more than 5% of gross sales. If our own outlets are members of a cooperative, they must contribute to the cooperative on the same basis as franchisees, and they will vote on the same basis as other members. We administer the cooperative, but we have the right to delegate responsibility for administration to an outside company such as an advertising agency or accounting firm, or to the franchisee members of the cooperative. We have the right to require the cooperative to operate from written bylaws or other governing documents that we determine. The documents are not currently available for you to review. Cooperatives will prepare annual financial statements which will be made available for review only by us and by the members of cooperative. We have the power to require cooperatives to be formed, changed, dissolved, or merged.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 22–28)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, Care Plus Medical Ucc has the right to require any local or regional advertising cooperative to operate from written bylaws or other governing documents that Care Plus Medical Ucc determines. These documents are not currently available for review by prospective franchisees.
Care Plus Medical Ucc also has the power to require cooperatives to be formed, changed, dissolved, or merged. The company administers the cooperative but can delegate responsibility to an outside company or to the franchisee members.
These stipulations mean that as a Care Plus Medical Ucc franchisee, you may be required to adhere to specific operational guidelines dictated by the franchisor regarding advertising cooperatives, and these guidelines could change at the franchisor's discretion. It is important to note that the specific bylaws or governing documents are not available for review, so prospective franchisees should inquire about the typical contents and requirements of these documents.