Is Chem Dry allowed to modify the Manual?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
During the term of the Franchise, CDI will provide FRANCHISEE with access to the Manual, which could include DVDs, computer software and other applications, access to webbased training, other electronic media, and/or written materials. The Manual contains mandatory and suggested specifications, standards, operating procedures and rules ("System Standards") prescribed from time to time by CDI for the operation of a CHEM-DRY Business and information relative to other obligations of FRANCHISEE hereunder. CDI shall have the right to add to, delete from, replace and otherwise modify the Manual from time to time to reflect changes in System Standards and the Franchise System, provided that no such addition or modification shall alter FRANCHISEE'S fundamental status and rights under this Agreement. FRANCHISEE shall keep the Manual current. In the event of a dispute over the contents of the Manual, the master copy maintained by CDI at its principal office, shall be controlling. FRANCHISEE agrees that the Manual's contents are confidential and agrees not disclose the Manual at any time to any person other than employees of the BUSINESS who need to know its contents or use the Manual for any purpose other than operating the BUSINESS. FRANCHISEE may not, at any time, copy, duplicate, record, or otherwise reproduce any part of the Manual. If FRANCHISEE loses the
Manual or the Manual is damaged or destroyed, FRANCHISEE shall obtain a replacement copy at CDI's then applicable charge.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, Chem Dry has the right to modify the Manual from time to time. The Manual contains mandatory and suggested specifications, standards, operating procedures, and rules, also known as System Standards, prescribed by Chem Dry for the operation of a Chem-Dry Business.
The FDD states that Chem Dry can add to, delete from, replace, and otherwise modify the Manual to reflect changes in System Standards and the Franchise System. However, these changes cannot alter a franchisee's fundamental status and rights under the Franchise Agreement.
For a prospective franchisee, this means that Chem Dry can update its operating procedures, standards, and rules as it sees fit. Franchisees must keep their manuals current, and the master copy maintained by Chem Dry will be controlling in case of a dispute. Franchisees are also obligated to maintain the confidentiality of the manual and can only disclose it to employees who need to know its contents for operating the business.