What is the Casiola franchisee's obligation regarding site selection and acquisition/lease (Item 9) and how does it relate to the franchisor's site review and approval process (Item 11)?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
| Articles in Agreement | Disclosure Document Item | |
|---|---|---|
| a. Site selection and acquisition/lease | 2, 3.C. | 7, 11 |
If permitted by local law, you may operate your Casiola Business from a home based administrative office. Otherwise, you are responsible for selecting a site for your administrative office and must obtain our approval of your selected location. If you elect to establish an operations center comprised of a non-retail back-office facility to support the operations of your Casiola Business, including maintaining inventory, staging service visits, you are responsible for selecting and securing a site within your Operating Market. We do not typically own or lease the real property that will serve as your administrative office and/or operations center and you are responsible for all costs and expenses in locating and evaluating proposed sites for your administrative office. We will provide you with site selection guidelines.
Your home office or, if you elect to operate from a business office, must be located within the operating market of your Casiola Business or within close proximity to the operating market (not more than a 40 minute drive) of your Casiola Business.
Within 30 days of our written receipt and submission of all information and documentation that we may request, we will respond to your proposed request for our approval or disapproval of the proposed location of your administrative office. Factors taken into consideration include characteristics of the proposed site, whether or not the proposed site meets our criteria for non-retail back-office operations, and the location of your proposed site relative to your overall Operating Market and proximity to other franchisee operating territories.
Site Review and Approval of Operating Market At the time of signing your Franchise Agreement you will have selected and we will have approved of the Operating Market within which you will operate the Franchised Business. (Franchise Agreement, Article 2).
We strictly control how you may or may not use websites and digital media and you must assign all website media and digital media accounts to us. (Franchise Agreement, Articles 3.G. and 9); and
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, franchisees are responsible for site selection and acquisition/lease, as outlined in Item 9 and further detailed in Articles 2 and 3.C of the franchise agreement, and Items 7 and 11 of the FDD. Casiola franchisees may manage their business from a home-based administrative office if permitted by law. However, if a franchisee elects to lease a back-end administrative office or operations center, the location must be within their designated Operating Market and requires Casiola's approval.
The franchisee bears the responsibility for all costs associated with locating and evaluating potential sites for their administrative office or operations center. Casiola will provide site selection guidelines to assist in this process. The selected location, whether a home office or a business office, must be within the operating market or in close proximity, defined as no more than a 40-minute drive from the Casiola Business's operating market.
Casiola will respond within 30 days of receiving all requested information and documentation regarding a proposed location. The approval process considers factors such as the characteristics of the proposed site, whether it meets the criteria for non-retail back-office operations, and its location relative to the franchisee's overall Operating Market and proximity to other franchisee territories. This process ensures that the site aligns with Casiola's standards and operational needs while also considering the franchisee's market and potential impact on other franchisees.
Item 11 outlines that at the time of signing the Franchise Agreement, the franchisee will have selected, and Casiola will have approved, the Operating Market within which the franchisee will operate. Casiola strictly controls how franchisees may or may not use websites and digital media, and franchisees must assign all website media and digital media accounts to Casiola.