Can Chocolate Fish Franchising videotape or photograph a Chocolate Fish Coffee business during an inspection?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.2 Inspections. Chocolate Fish Franchising may enter the premises of the Business from time to time during normal business hours and conduct an inspection. Franchisee shall cooperate with Chocolate Fish Franchising's inspectors. The inspection may include, but is not limited to, observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies and materials. Chocolate Fish Franchising may videotape and/or take photographs of the inspection and the Business. Chocolate Fish Franchising may set a minimum score requirement for inspections, and Franchisee's failure to meet or exceed the minimum score will be a default under this Agreement. Without limiting Chocolate Fish Franchising's other rights under this Agreement, Franchisee will, as soon as reasonably practical, correct any deficiencies noted during an inspection. If Chocolate Fish Franchising conducts an inspection because of a governmental report, customer complaint or other customer feedback, or a default or non-compliance with any System Standard by Franchisee (including following up a previous failed inspection), then Chocolate Fish Franchising may charge all out-of-pocket expenses plus its then-current inspection fee to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, Chocolate Fish Franchising has the right to videotape and/or take photographs of a Chocolate Fish Coffee business during an inspection. This is part of Chocolate Fish Franchising's broader right to inspect the premises of the business during normal business hours.
The inspection may include observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies, and materials. The franchisee is required to cooperate with Chocolate Fish Franchising's inspectors.
Chocolate Fish Franchising may also set a minimum score requirement for inspections, and failure to meet this score can result in a default under the Franchise Agreement. The franchisee is responsible for correcting any deficiencies noted during an inspection. If the inspection is triggered by a governmental report, customer complaint, or franchisee non-compliance, Chocolate Fish Franchising may charge the franchisee for all out-of-pocket expenses plus an inspection fee.