Can a Casiola franchisee purchase materials from distributors approved by the franchisor?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (5) Franchisor reserves the right to designate, from time to time, a single supplier and/or distributor for any services, products, equipment, supplies, or materials including, but not limited to, the System Supplies and Service Vehicles and to require Franchisee to use such a designated supplier exclusively, which exclusive designated supplier and/or distributor may be Franchisor and/or Franchisor's affiliates.
Franchisor and its affiliates may receive payments from suppliers and/or distributors on account of such supplier's or distributor's dealings with Franchisee and other franchisees of the System and that Franchisor may use all amounts so received without restriction and for any purpose, including Franchisor's profit;
- (6) If Franchisee proposes or requests that Franchisor consider the approval of products, services, equipment, supplies, suppliers and/or distributors for use in the Franchised Business where such products, services, equipment, supplies, suppliers and/or distributors are not, presently, at the time of Franchisee's request, approved for use in the System, Franchisee: (a) must provide Franchisor with a written request where Franchisee specifies the product, service, equipment, supply, supplier and/or distributor, the reason for Franchisee's request; (b) shall timely submit to Franchisor such information, reports, specifications, and samples as Franchisor, in Franchisor's Reasonable Business Judgment requests; and (c) shall pay to Franchisor a supplier evaluation fee per requested product, service, equipment, supply, supplier and/or distributor to be considered including, but not limited to, the supplier evaluation fees that Franchisor, in Franchisor's Reasonable Business Judgment, establishes and assesses based on, among other things, the administrative costs and time associated with evaluating, assessing and testing the proposed product, service, equipment, supply, supplier and/or distributor including, but not limited to Franchisor's internal employees and independent third parties engaged and/or retained by Franchisor for evaluation and testing.
The foregoing fees and payments shall be paid by Franchisee to Franchisor within 14 days of the date of Franchisor's invoice.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Casiola franchisees may propose that Casiola approve specific products, services, equipment, supplies, suppliers, and/or distributors not already approved for use within the Casiola system. To do so, the franchisee must submit a written request detailing the product, service, equipment, supply, supplier, and/or distributor, along with the reason for the request.
Additionally, the franchisee must provide Casiola with all information, reports, specifications, and samples that Casiola deems necessary for evaluation. The franchisee is also responsible for paying a supplier evaluation fee for each requested item or vendor to be considered. This fee covers the administrative costs and time associated with evaluating, assessing, and testing the proposed product, service, equipment, supply, supplier, and/or distributor, including the costs of internal employees and independent third parties engaged by Casiola for evaluation and testing.
Casiola also reserves the right to designate a single, exclusive supplier or distributor for any services, products, equipment, supplies, or materials, including System Supplies and Service Vehicles. This designated supplier or distributor may be Casiola itself or one of its affiliates. Casiola and its affiliates may receive payments from suppliers and/or distributors based on their dealings with franchisees, and Casiola can use these amounts without restriction, including for profit.