In a dispute about the Chocolate Fish Coffee Manual's contents, which version controls?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Chocolate Fish Franchising. Chocolate Fish Franchising may supplement, revise, or modify the Manual, and Chocolate Fish Franchising may change, add or delete System Standards at any time in its discretion. Chocolate Fish Franchising may inform Franchisee thereof by any method that Chocolate Fish Franchising deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, Chocolate Fish Franchising's master copy will control.
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 modify the Manual at its discretion. The Manual contains the System Standards that franchisees must adhere to. Chocolate Fish Franchising can change, add, or delete these standards at any time and can inform franchisees of these changes through any method they deem appropriate.
In the event of a disagreement regarding the contents of the Manual, the master copy maintained by Chocolate Fish Franchising will be the controlling version. This means that franchisees must comply with the franchisor's official version of the Manual, even if they have a different understanding or a previous version.
This provision highlights the importance of staying updated with any changes or modifications to the Manual communicated by Chocolate Fish Franchising. Franchisees should ensure they have access to the latest version of the Manual and understand that the franchisor's version will take precedence in any dispute.