Does Chocolate Fish Coffee specify the systems a franchisee must use in writing?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.11 Gift Cards, Loyalty Programs, and Incentive Programs. At its own expense, Franchisee shall sell or otherwise issue gift cards, certificates, or other pre-paid systems, and participate in any customer loyalty programs, membership/subscription programs, or customer incentive programs, designated by Chocolate Fish Franchising, in the manner specified by Chocolate Fish Franchising in the Manual or otherwise in writing.
Franchisee shall honor all valid gift cards and other pre-paid systems, regardless of whether issued by Franchisee or another Chocolate Fish Coffee business.
Franchisee shall comply with all procedures and specifications of Chocolate Fish Franchising related to gift cards, certificates, and other pre-paid systems, or related to customer loyalty, membership/subscription, or customer incentive programs.
"System Standards" means, as of any given time, the then-current mandatory procedures, requirements, and/or standards of the System as determined by Chocolate Fish Franchising, which may include without limitation, any procedures, requirements and/or standards for appearance, business metrics, cleanliness, customer service, design (such as construction, decoration, layout, furniture, fixtures and signs), equipment, inventory, marketing and public relations, operating days, operating hours, presentation of Marks, product and service offerings, quality of products and services (including any guaranty and warranty programs), reporting, safety, technology (such as computers, computer peripheral equipment, smartphones, point-of-sale systems, back-office systems, information management systems, security systems, video monitors, other software, backup and archiving systems, communications systems (including email, audio, and video systems), payment acceptance systems, and internet access, as well as upgrades, supplements, and modifications thereto).
- 7.7 Software. Without limiting the generality of Section 7.1 or Section 8.1, Franchisee shall acquire and use all software and related systems required by Chocolate Fish Franchising.
Franchisee shall enter into any subscription and support agreements that Chocolate Fish Franchising may require.
Franchisee shall upgrade, update, or replace any software from time to time as Chocolate Fish Franchising may require.
Franchisee shall protect the confidentiality and security of all software systems, and Franchisee shall abide by any System Standards related thereto.
Franchisee shall give Chocolate Fish Franchising unlimited access to Franchisee's point of sale system and other software systems used in the Business, by any means designated by Chocolate Fish Franchising.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, franchisees are required to use specific systems, and these requirements are often outlined in writing. The franchise agreement states that franchisees must sell gift cards, participate in loyalty programs, and engage in customer incentive programs as designated by Chocolate Fish Franchising in the manual or in writing. This indicates that the franchisor will provide written guidelines for these systems.
Furthermore, franchisees are obligated to acquire and use all software and related systems that Chocolate Fish Coffee requires. This includes entering into any subscription and support agreements, as well as upgrading or replacing software as directed by the franchisor. Chocolate Fish Coffee also requires unlimited access to the franchisee's point of sale system and other software systems. These requirements ensure that franchisees adhere to the technological standards set by Chocolate Fish Coffee.
The FDD also defines "System Standards" as the mandatory procedures, requirements, and standards determined by Chocolate Fish Franchising. These standards encompass a wide range of aspects, including technology such as computers, point-of-sale systems, back-office systems, information management systems, security systems, payment acceptance systems, and internet access. This definition implies that Chocolate Fish Coffee provides written standards for the technology and systems franchisees must use to maintain consistency and quality across all franchise locations.