Where can I find more detailed information about my obligations as a Carls franchisee?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
bile Liability coverage for owned, leased, hired and non-owned vehicles, and Builder's Risk with limits no less than $1,000,000, with CJR named as an additional insured, as well as Workers' Compensation and Employer's Liability as required by state law.
ITEM 9 FRANCHISEE'S OBLIGATIONS
This table lists your principal obligations under the Franchise and Development Agreements. It will help you find more detailed information about your obligations in these agreements and in other items of this disclosure document.
| Obligation | Section in Franchise Agreement (FA) and Development Agreement (DA) | Disclosure Document Item | ||
|---|---|---|---|---|
| a. | Site selection and acquisition/lease | FA: Section 3 DA: Sections 3-5 | Items 7 & 11 | |
| b. | Pre-opening purchases/leases | FA: Sections 3-5 DA: Section 3-6 | Items 7 & 8 | |
| c. | Site development and other pre- opening requirements | FA: Sections 3 - 7 DA: Sections 3 & 5-6 | Items 6, 7 & 11 | |
| d. | Initial and ongoing training | FA: Section 11 DA: Section 5 | Items 5, 6, 7 & 11 | |
| e. | Opening | FA: Section 5 DA: Not Applicable | Item 11 | |
| f. | Fees | FA: Sections 3, 5, 8 & Appendix A-C DA: Section 4 | Items 5 & 6 | |
| g. | Compliance with standards and policies/Operating Manual | FA: Sections 6, 7 & 10 DA: Section 6 | Items 8 & 11 | |
| h. | Trademarks and proprietary information | FA: Section 11 DA: Not Applicable | Items 13 & 14 | |
| i. | Restrictions on products/services offered | FA: Section 10 DA: Not Applicable | Item 16 | |
| j. | Warranty and customer service requirements | FA: Section DA: Not Applicable | Item 11 | |
| k. | Territorial development and sales quotas | FA: Not Applicable DA: Sections 1-3 & Appendix A-B | Item 12 | |
| l. | Ongoing product/service purchases | FA: Section 10.B. DA: Not Applicable | Item 8 | |
| m. | Maintenance, appearance and remodeling requirements | FA: Sections 2, 7 & 10 DA: Not Applicable | Item 11 | |
| n. | Insurance | FA: Section 12 DA: Section 7 | Items 6 & 7 | |
| o. | Advertising | FA: Section 5 & Appendix C DA: Not Applicable | Items 6 & 11 | |
| p. | Indemnification | FA: Section 22 DA: Section 16 | Item 6 | |
| q. | Owner’s participation/ management/staffing | FA: Sections 10 & 13 DA: Section 8 | Items 11 & 15 | |
| r. | Records and reports | FA: Section 4 DA: Not Applicable | Item 6 |
| Obligation | Section in Franchise Agreement (FA) and Development Agreement (DA) | Disclosure Document Item | |
|---|---|---|---|
| s. | Inspections and audits | FA: Sections 4 & 9 DA: Not Applicable | Items 6 & 11 |
| t. | Transfer | FA: Sections 14 & 15 DA: Sections 9 & 10 | Item 17 |
| u. |
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 40–41)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, Item 9 outlines a franchisee's principal obligations under both the Franchise Agreement (FA) and the Development Agreement (DA). This item serves as a roadmap, directing franchisees to specific sections within these agreements and other relevant items within the disclosure document itself for more comprehensive details.
The table provided in Item 9 categorizes these obligations, offering a structured overview. For instance, it covers site selection and acquisition/lease terms, referencing Section 3 of the Franchise Agreement and Sections 3-5 of the Development Agreement, as well as Items 7 and 11 of the disclosure document. Similarly, pre-opening purchases/leases are addressed, pointing to FA Sections 3-5, DA Sections 3-6, and Items 7 and 8.
This format extends across a range of obligations, including site development, training, opening procedures, fees, compliance, trademarks, product restrictions, warranties, territorial development, ongoing purchases, maintenance, insurance, advertising, indemnification, management, records, inspections, transfer, renewal, post-termination duties, non-competition, and dispute resolution. Each obligation is cross-referenced to specific sections in the Franchise Agreement, the Development Agreement (if applicable), and relevant items in the Disclosure Document, allowing prospective Carls franchisees to easily navigate and understand their responsibilities.
By using this table, prospective franchisees can efficiently locate detailed information about each obligation. For example, if a franchisee wants to understand the obligations related to advertising, the table directs them to FA Section 5 and Appendix C, as well as Items 6 and 11 of the disclosure document. This structured approach ensures that franchisees can readily access and comprehend the full scope of their duties and responsibilities under the Carls franchise system.