Is a Chocolate Bash franchisee required to perform maintenance on their business?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.12 Maintenance and Repair. Franchisee shall at all times keep the Business in a neat and clean condition, perform all appropriate maintenance, and keep all physical property in good repair.
In addition, Franchisee shall promptly perform all work on the physical property of the Business as CB Franchising may prescribe from time to time, including but not limited to periodic interior and exterior painting; resurfacing of the parking lot; roof repairs; and replacement of obsolete or worn out signage, floor coverings, furnishings, equipment and décor.
Franchisee acknowledges that the System Standards may include requirements for cleaning, maintenance, and repair.
- 7.13 Remodeling. In addition to Franchisee's obligations to comply with all System Standards in effect from time to time, CB Franchising may require Franchisee to undertake and complete a Remodel of the Location to CB Franchising's satisfaction.
Franchisee must complete the Remodel in the time frame specified by CB Franchising.
CB Franchising may require the Franchisee to submit plans for CB Franchising's reasonable approval prior to commencing a required Remodel.
CB Franchising's right to require a Remodel is limited as follows: (i) the Remodel will not be required in the first two or last two years of the term (except that a Remodel may be required as a condition to renewal of the term or a Transfer), and (ii) a Remodel will not be required more than once every five years from the date on which Franchisee was required to complete the prior Remodel.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, franchisees are responsible for maintaining their business. The Franchise Agreement states that franchisees must keep the business in a neat and clean condition, perform appropriate maintenance, and keep all physical property in good repair. This includes interior and exterior painting, resurfacing the parking lot, roof repairs, and replacing worn-out signage, floor coverings, furnishings, equipment, and décor.
Chocolate Bash may also prescribe specific maintenance work from time to time, and franchisees are obligated to perform this work promptly. The System Standards, as defined by Chocolate Bash, may include requirements for cleaning, maintenance, and repair, further emphasizing the franchisee's responsibility in these areas.
In addition to regular maintenance, Chocolate Bash franchisees may be required to undertake and complete a remodel of the location to Chocolate Bash's satisfaction. However, these remodels are limited to occurring no more than once every five years and cannot be required during the first two or last two years of the franchise term, unless it is a condition for renewal or transfer. This ensures that franchisees maintain the brand's standards and image, while also managing the costs associated with upkeep and renovations.