Is Chem Dry allowed to modify the Manual, and are there any limitations to these modifications?
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, which contains the System Standards for operating a Chem-Dry Business. These modifications can include additions, deletions, or replacements to reflect changes in the System Standards and the Franchise System itself.
However, there is a limitation to Chem Dry's right to modify the Manual. Any addition or modification must not alter the franchisee's fundamental status and rights under the Franchise Agreement. This implies that while Chem Dry can update operational procedures and standards, it cannot make changes that would significantly impact the franchisee's core rights and obligations as defined in the agreement.
As a Chem Dry franchisee, it is crucial to stay updated with the current version of the Manual, as the master copy maintained by Chem Dry at its principal office is controlling in case of any dispute. Franchisees must also maintain the confidentiality of the Manual's contents, only disclosing it to employees who need to know the information for business operations and refraining from copying or reproducing any part of it.