factual

If a Chocolate Bash franchisee refuses to permit an audit by CB Franchising, what are the consequences?

Chocolate_Bash Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 10.5 Records Audit. CB Franchising may examine and audit all books and records related to the Business, and supporting documentation, at any reasonable time. CB Franchising may conduct the audit at the Location and/or require Franchisee to deliver copies of books, records and supporting documentation to a location designated by CB Franchising. Franchisee shall also reimburse CB Franchising for all costs and expenses of the examination or audit if (i) CB Franchising conducted the audit because Franchisee failed to submit required reports or was otherwise not in compliance with the System, or (ii) the audit reveals that Franchisee understated Gross

Source: Item 22 — CONTRACTS (FDD pages 38–39)

What This Means (2024 FDD)

Based on the 2024 Franchise Disclosure Document, Chocolate Bash has the right to examine and audit all of a franchisee's business records and supporting documentation at any reasonable time. This audit can be conducted at the franchisee's location or the franchisee may be required to deliver copies of the books and records to a location designated by Chocolate Bash.

If a Chocolate Bash franchisee fails to submit required reports or is otherwise not in compliance with the Chocolate Bash system, or if an audit reveals that the franchisee understated gross sales by 2% or more, the franchisee will be responsible for reimbursing Chocolate Bash for all costs and expenses associated with the audit.

While the FDD excerpt details the conditions under which a franchisee would be responsible for covering the costs of an audit, it does not explicitly state the consequences of refusing to permit an audit. A prospective Chocolate Bash franchisee should seek clarification from the franchisor regarding the specific repercussions of not complying with an audit request, as this could potentially lead to further action such as a notice of default or even termination of the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.