Is CB Franchising allowed to take photographs or videotapes during an inspection of a Chocolate Bash franchise?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
anchising may inform Franchisee thereof by any method that CB Franchising deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, CB Franchising's master copy will control.
- 11.2 Inspections. CB Franchising may enter the premises of the Business from time to time during normal business hours and conduct an inspection. Franchisee shall cooperate with CB Franchising's inspectors. The inspection may include, but is not limited to, observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies and materials. CB Franchising may videotape and/or take photographs of the inspection and the Business. Without limiting CB Franchising's other rights under this Agreement, Franchisee will, as soon as reasonably practical, correct any deficiencies noted during an inspection.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, CB Franchising has the right to videotape and/or take photographs of the inspection and the business premises during an inspection. This is part of their broader right to enter the premises during normal business hours to conduct inspections.
The inspection can include observing operations, conducting physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies, and materials. Franchisees are required to cooperate with Chocolate Bash's inspectors and must correct any deficiencies noted during the inspection as soon as reasonably practical.
Furthermore, if Chocolate Bash conducts an inspection due to a governmental report, customer complaint, or the franchisee's failure to comply with System Standards, Chocolate Bash may charge the franchisee for all out-of-pocket expenses, plus their then-current inspection fee. This highlights the importance of maintaining compliance with Chocolate Bash's standards to avoid additional costs and potential oversight.