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What triggers Chocolate Bash to charge its actual costs?

Chocolate_Bash Franchise · 2024 FDD

Answer from 2024 FDD Document

Type of Fee Amount Due Date Remarks
Our actual costs Payable if we incur costs (including
reasonable attorney fees) in attempting to
collect amounts you owe to us.
If we provide in-person support to you in
response to your request, we may charge
this fee plus any out-of-pocket expenses
(such as travel, lodging, and meals for
employees providing onsite support).
We may take any action we deem
appropriate to resolve a customer
complaint about your business. If we
respond to a customer complaint, we may
require you to reimburse us for our
expenses.
Payable only if (1) we audit you because
you have failed to submit required reports
or other non-compliance, or (2) the audit
concludes that you under-reported gross
sales b
period
Payable only if we conduct an inspection
of your business because of a
governmental report, customer complaint
or other customer feedback, or your
default or non-compliance with any
system specification.

Source: Item 6 — OTHER FEES (FDD pages 9–13)

What This Means (2024 FDD)

According to Chocolate Bash's 2024 Franchise Disclosure Document, the franchisor may charge franchisees their actual costs in several specific instances. These costs are payable if Chocolate Bash incurs expenses, including reasonable attorney fees, while trying to collect amounts owed by the franchisee. This means if a franchisee is behind on payments, they may be responsible for not only the original amount due but also any legal or administrative costs Chocolate Bash incurs to recover the debt.

Additionally, Chocolate Bash may charge its actual costs if they provide in-person support at the franchisee's request. This includes the fee itself, plus any out-of-pocket expenses like travel, lodging, and meals for the employees providing the support. Franchisees should be aware that requesting on-site assistance could result in significant charges beyond the initial problem they are trying to solve. Chocolate Bash may also require franchisees to reimburse them for expenses incurred while resolving customer complaints about the franchisee's business.

Furthermore, Chocolate Bash can charge its actual costs if an audit is conducted due to the franchisee's failure to submit required reports or other non-compliance issues, or if the audit reveals under-reported gross sales. Lastly, if Chocolate Bash conducts an inspection of the franchisee's business due to a governmental report, customer complaint, or the franchisee's default or non-compliance with system specifications, the franchisee will be responsible for Chocolate Bash's actual costs. These situations highlight the importance of franchisees maintaining accurate records, adhering to system standards, and promptly addressing any issues to avoid potentially substantial charges.

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.