In the Chatime franchise agreement, does the definition of 'Cost' include disbursements payable to consultants?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
- (14) Cost means any cost charge, expense, outgoing, payment or other expenditure of any nature and where appropriate includes fees and disbursements payable to contractors, consultants, lawyers, and other advisers (including Legal Costs).
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to the 2025 Chatime Franchise Disclosure Document, the definition of 'Cost' within the franchise agreement is comprehensive. It encompasses a wide array of expenditures. Specifically, the definition includes fees and disbursements that are payable to various professionals and advisors. This includes contractors, consultants, lawyers, and other advisors, explicitly mentioning legal costs as part of these included expenses.
For a prospective Chatime franchisee, this definition is important because it clarifies what expenses can be classified as 'Costs' under the agreement. This can have implications for various clauses within the franchise agreement, such as those related to indemnification, where the franchisee might be responsible for covering certain costs incurred by Chatime. Understanding the breadth of this definition is crucial for budgeting and financial planning.
The inclusion of consultant and legal fees within the definition of 'Cost' is fairly standard in franchise agreements. It ensures that all expenses, not just direct payments, are considered when calculating financial obligations or reimbursements. Franchisees should pay close attention to how 'Cost' is used throughout the agreement to fully understand their potential financial responsibilities to Chatime.
Therefore, when reviewing the Chatime franchise agreement, prospective franchisees should carefully note that 'Cost' is not limited to direct expenses but also extends to fees paid to consultants and legal advisors. This broad definition could impact the franchisee's financial obligations under various clauses of the agreement.