Who is authorized to communicate directly with each other about the Chocolate Fish Coffee franchisee and their business?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.4 Principal Executive. Franchisee agrees that the person designated as the "Principal Executive" on the Summary Page is the executive primarily responsible for the Business and has decision-making authority on behalf of Franchisee.
The Principal Executive must have at least 10% ownership interest in Franchisee.
The Principal Executive does not have to serve as a day-today general manager of the Business, but the Principal Executive must devote substantial time and attention to the Business.
7.17 Public Relations. Franchisee shall not make any public statements (including giving interviews or issuing press releases) regarding Chocolate Fish Coffee, the Business, or any particular incident or occurrence related to the Business, without Chocolate Fish Franchising's prior written approval, which will not be unreasonably withheld.
7.18 Association with Causes. Franchisee shall not in the name of the Business (i) donate money, products, or services to any charitable, political, religious, or other organization, or (ii) act in support of any such organization, without Chocolate Fish Franchising's prior written approval, which will not be unreasonably withheld.
11.8 Delegation. Chocolate Fish Franchising may delegate any duty or obligation of Chocolate Fish Franchising under this Agreement to an affiliate or to a third party.
11.9 System Variations. Chocolate Fish Franchising may vary or waive any System Standard for any one or more Chocolate Fish Coffee franchises due to the peculiarities of the particular site or circumstances, density of population, business potential, population of trade area, existing business practices, applicable laws or regulations, or any other condition relevant to the performance of a franchise or group of franchises.
Franchisee is not entitled to the same variation or waiver.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the "Principal Executive" is the person primarily responsible for the Chocolate Fish Coffee business and possesses decision-making authority on behalf of the franchisee. This Principal Executive must have at least a 10% ownership interest in the franchise. While they don't need to be the day-to-day general manager, they must dedicate substantial time and attention to the business.
Furthermore, the Chocolate Fish Coffee franchisee must secure written approval from Chocolate Fish Franchising before making any public statements, including interviews or press releases, regarding Chocolate Fish Coffee, the business, or any incident related to it. Similarly, the franchisee needs prior written approval from Chocolate Fish Franchising before associating the business with any charitable, political, religious, or other organization through donations or support.
Additionally, Chocolate Fish Franchising retains the right to delegate any of its duties or obligations under the Franchise Agreement to an affiliate or a third party. Chocolate Fish Franchising can also vary or waive any System Standard for individual Chocolate Fish Coffee franchises due to specific site circumstances, population density, business potential, trade area population, existing business practices, laws, or other relevant conditions. However, a franchisee is not automatically entitled to the same variation or waiver.