What are the 'costs' that a Chocolate Bash franchisee must repay to CB Franchising for collection efforts?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- "Losses" includes (but is not limited to) all losses; damages; fines; charges; expenses; lost profits; reasonable attorneys' fees; travel expenses, expert witness fees; court costs; settlement amounts; judgments; loss of CB Franchising's reputation and goodwill; costs of or resulting from delays; financing; costs of advertising material and media time/space and the costs of changing, substituting or replacing the same; and any and all expenses of recall, refunds, compensation, public notices and other such amounts incurred in connection with the matters described.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, the term 'Losses' includes various costs that a franchisee may be required to cover. These costs include all losses, damages, fines, charges, and expenses. Additionally, the franchisee may be responsible for lost profits, reasonable attorneys' fees, travel expenses, expert witness fees, and court costs.
Settlement amounts, judgments, loss of CB Franchising's reputation and goodwill, costs resulting from delays, and financing costs are also included in the definition of 'Losses.' Furthermore, the franchisee could be liable for the costs of advertising material and media time/space, as well as expenses related to changing, substituting, or replacing these items. The definition extends to any expenses related to recalls, refunds, compensation, public notices, and other similar amounts incurred in connection with the described matters.
This broad definition means that if Chocolate Bash incurs any of these costs due to a franchisee's actions or inactions, the franchisee may be required to reimburse Chocolate Bash for these 'Losses.' This could significantly increase the financial burden on a franchisee beyond the initial franchise fees and ongoing royalties. Prospective franchisees should carefully consider this extensive liability and seek legal counsel to fully understand their potential financial obligations.