Must the designation of the Initial Service Manager at Christian Brothers Automotive be in writing?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
of the Franchisor are confined exclusively to those set forth in this Agreement. Franchisee understands and assumes the business risks inherent in this enterprise.
19. NOTICES.
attachments or exhibits.
19.01 Notice. Except as expressly set forth to the contrary in this Agreement, all notices, requests or consents provided for or permitted to be given under this Agreement must be in writing and must be delivered to the recipient in person, by courier, certified mail return receipt requested or by similar transmission; and a notice, request or consent given under this Agreement is deemed delivered at the time of delivery by express courier or messenger service, 1 business day after sending by facsimile transmission or electronic mail and 3 business days after placed in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the party to be notified at its most current principal business address of which the notifying party has been advised, or to any other place designated by either party.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the designation of the Initial Service Manager for a Christian Brothers Automotive franchise does not explicitly require written documentation. However, the FDD states that all notices, requests, or consents provided for or permitted under the Franchise Agreement must be in writing, unless expressly stated otherwise within the agreement. This suggests that while the initial designation may not need to be in writing, any formal communication or agreements related to the Initial Service Manager's role would likely require written documentation to be considered valid under the agreement.
During the start-up period, a Christian Brothers Automotive management member will consult with the Principal Operator and the Initial Service Manager by phone. The franchisor may also visit the franchise to provide advice, consultation, and training. If such a visit occurs, the franchisee is responsible for covering all travel and living expenses incurred by the franchisor's representative.
Furthermore, the Franchise Agreement specifies that it can only be amended by a written instrument signed by both parties, emphasizing the importance of written agreements. Franchisees should clarify with Christian Brothers Automotive whether the designation of the Initial Service Manager needs to be formally documented in writing to avoid any potential misunderstandings or disputes later on. This is especially important considering that the Principal Operator is responsible for ensuring the daily operations comply with the law, the Franchise Agreement, and the Confidential Operations Manual.