Who has the sole discretion to determine whether obligations are 'material' for determining good standing in the Cicis Development Incentive Program?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that we will have sole discretion to determine whether particular obligations are "material" for purposes of determining good standing, and our decision will be final.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Cicis retains the sole discretion to determine whether particular obligations are considered "material" when assessing a franchisee's good standing within the Development Incentive Program. This decision made by Cicis is considered final.
For a prospective Cicis franchisee, this means that Cicis has the ultimate authority to decide which obligations are critical for maintaining good standing in the program. If a franchisee fails to meet what Cicis deems a "material" obligation, they risk losing the benefits of the Development Incentive Program, such as waivers on the Development Fee and Initial Franchise Fees.
This clause gives Cicis significant control over the program and the franchisees' participation. Franchisees should seek clarity from Cicis regarding what specific obligations are considered "material" to fully understand their responsibilities and avoid potential disputes. It is important to note that the determination of what constitutes a "material" obligation is subjective and entirely up to Cicis.