What standards must a Chocolate Fish Coffee franchisee follow when constructing or remodeling the location?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
not less than the term of this Agreement, and (iii) Franchisee shall use commercially reasonable efforts to obtain the landlord's signature to a rider to the lease in the form required by Chocolate Fish Franchising.
- 6.3 Development. Franchisee shall construct (or remodel) and finish the Location in conformity with Chocolate Fish Franchising's System Standards. If required by Chocolate Fish Franchising, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location. Franchisee shall not begin any construction or remodeling work without first obtaining Chocolate Fish Franchising's approval of Franchisee's plans. Chocolate Fish Franchising may, but is not required to, inspect Franchisee's construction or remodeling progress at any reasonable time. Franchisee shall not rely upon any information provided or opinions expressed by Chocolate Fish Franchising or its representatives regarding any architectural, engineering, or legal matters (including without limitation the Americans With Disabilities Act) in the development and construction of the Business, and Chocolate Fish Franchising assumes no liability with respect thereto. Chocolate Fish Franchising's inspection and/or approval to open the Business is not a representation or a warranty that the Business has been constructed in accordance with any architectural, engineering, or legal standards.
- 6.4 New Franchisee Training. Franchisee's Principal Executive and one additional general manager must complete Chocolate Fish Franchising's training program for new franchisees to Chocolate Fish Franchising's satisfaction at least four weeks before opening the Business.
- 6.5 Conditions to Opening. Franchisee shall notify Chocolate Fish Franchising at least 30 days before Franchisee intends to open the Business to the public. Before opening, Franchisee must satisfy all of the following conditions: (1) Franchisee is in compliance with this Agreement, (2) Franchisee has obtained all applicable governmental permits and authorizations, (3) the Business conforms to all applicable System Standards, (4) Chocolate Fish Franchising has inspected and approved the Business, (5) Franchisee has hired sufficient employees, (6) Franchisee's officers and employees have completed all of Chocolate Fish Franchising's required pre-opening training; and (7) Chocolate Fish Franchising has given its written approval to open, which will not be unreasonably withheld.
- 6.6 Opening Date. Franchisee shall open the Business to the public on or before the date stated on the Summary Page.
ARTICLE 7. OPERATIONS
- 7.1 Compliance with Manual and System Standards. Franchisee shall at all times and at its own expense comply with all mandatory obligations contained in the Manual and with all other System Standards.
- 7.2 Compliance with Law. Franchisee and the Business shall comply with all laws and regulations. Franchisee and the Business shall obtain and keep in force all governmental permits and licenses necessary for the Business.
- 7.3 Products, Services, and Methods of Sale. Franchisee shall offer all products and services, and only those products and services, from time to time prescribed by Chocolate Fish Franchising
in the Manual or otherwise in writing. Franchisee shall make sales only to retail customers, and only at the Location. Unless otherwise approved or required by Chocolate Fish Franchising, Franchisee shall not make sales by any other means, including without limitation by wholesale, by delivery, by mail order or over the internet, or at temporary or satellite locations. Franchisee shall provide all products and perform all services in a high-quality manner that meets or exceeds the customer's reasonable expectations and all applicable System Standards.
7.4 Prices.
Franchisee acknowledges that the System Standards determined by Chocolate Fish Franchising may include the minimum, maximum, and/or exact prices that franchisees may charge for products or services sold (except to the extent such authority is limited or prohibited by applicable law).
7.5 Personnel.
- (a) Management. The Business must at all times be under the on-site supervision of the Principal Executive or a general manager who has completed Chocolate Fish Franchising's training program.
- (b) Service.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, franchisees must adhere to the System Standards when constructing or remodeling their location. These System Standards encompass a wide array of requirements, including those related to design elements such as construction, decoration, layout, furniture, fixtures, and signage.
Before commencing any construction or remodeling, a Chocolate Fish Coffee franchisee must obtain approval of their plans from Chocolate Fish Franchising. Chocolate Fish Franchising retains the right to inspect the construction or remodeling work at any reasonable time, though they are not obligated to do so. Franchisees are also advised not to rely on any information or opinions from Chocolate Fish Franchising regarding architectural, engineering, or legal matters, and Chocolate Fish Franchising assumes no liability in these areas.
Chocolate Fish Coffee may also require franchisees to undertake and complete a remodel of their location to Chocolate Fish Franchising's satisfaction. Franchisees must complete the remodel within the timeframe specified by Chocolate Fish Franchising and may be required to submit plans for approval before starting. However, remodels will not be required during the first two or last two years of the franchise term, except as a condition for renewal or transfer, and will not be required more than once every five years from the completion date of the prior remodel.
Compliance with these construction and remodeling standards is crucial, as the FDD states that before opening, the business must conform to all applicable System Standards, and Chocolate Fish Franchising must inspect and approve the business. This ensures that all Chocolate Fish Coffee locations maintain a consistent brand image and operational standard.