Besides what is specifically outlined in the Cinnaholic Franchise Agreement, does the Franchisor have any legal obligation to provide advice and assistance to the Developer?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement, Franchisor may, in its sole discretion, upon request of Developer, furnish counseling and advisory services to Developer with respect to the development, construction and operation of the CINNAHOLIC® Bakeries to be established hereunder, including consultation and advice regarding the following: (i) parking and building layouts; (ii) traffic planning; (iii) construction and financing of the Bakery and other improvements; (iv) equipment selection and layout; (v) employee selection and training; (vi) advertising and promotion; (vii) bookkeeping and accounting; and (viii) purchasing and inventory control. These counseling and advisory services shall occur at Developer's offices, via telephone or email. Franchisor shall provide such assistance at no expense to Developer; provided, however, Franchisor reserves the right, in its sole discretion, to charge Developer a reasonable fee for unusual, extensive or extraordinary assistance requested by Developer and/or require Developer to reimburse Franchisor for expenses incurred by it in connection with providing such counseling and advisory services. In no event shall Franchisor be liable to Developer in connection with providing or failing to provide such services.
Source: Item 23 — RECEIPT (FDD pages 62–269)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the franchisor may furnish counseling and advisory services to the developer during the agreement term, but is not legally obligated to do so. These services are provided at Cinnaholic's sole discretion upon the developer's request. The counseling covers areas such as parking and building layouts, traffic planning, construction and financing, equipment selection, employee training, advertising, bookkeeping, and purchasing.
These advisory services are typically conducted at the developer's offices or via phone or email. Cinnaholic generally provides this assistance without charge. However, Cinnaholic retains the right to charge a reasonable fee for extensive or unusual assistance or to require reimbursement for expenses incurred while providing these services.
It is important to note that Cinnaholic assumes no liability for providing or not providing these counseling and advisory services. This means that while Cinnaholic may offer guidance, the developer ultimately bears the responsibility for decisions made and outcomes achieved based on that guidance.