What are the consequences for a Cinnaholic franchisee if they violate the restrictions on suppliers outlined in Item 8, considering the franchisee's obligations in Item 9?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
any such modification, concept, process, improvement or slogan shall become Franchisor's sole and exclusive property and that Franchisor may use or allow other franchisees to use the same in connection with the CINNAHOLIC® System or the operation of CINNAHOLIC® Bakeries, without compensation to Franchisee.
9. OBLIGATIONS OF FRANCHISEE
Franchisee recognizes the mutual benefit to Franchisee, Franchisor and other franchisees of the CINNAHOLIC® System of the uniformity of the appearance, services, products and advertising of the CINNAHOLIC® System and acknowledges and agrees that such uniformities are necessary for the successful operation of CINNAHOLIC® Bakeries. Franchisee also acknowledges and agrees that products and services sold under the Marks and at CINNAHOLIC® Bakeries have a reputation for excellence. This reputation has been developed and maintained by Franchisor, and Franchisee acknowledges and agrees that it is of the utmost importance to Franchisor, Franchisee, and all other franchisees of the CINNAHOLIC® System that such reputation be maintained. To this end, Franchisee covenants and warrants with respect to the operation of the Bakery that Franchisee and its employees and agents will comply with all of the requirements of the CINNAHOLIC® System and the Operations Manual and will throughout the term of this Agreement:
(i) Operate the Bakery and prepare and sell all products and services sold therein in accordance with the specifications, standards, business practices and policies of Franchisor now in effect or hereafter promulgated, and comply with all requirements of Franchisor, the CINNAHOLIC® System and the Operations Manual as they are now or hereafter established, including, without limitation, any health, sanitation and cleanliness standards and specifications. Franchisor and its duly authorized representatives shall have the right, if they so elect, at all reasonable times, to enter and inspect the Bakery to ensure that Franchisee is complying with such specifications, standards, business practices, policies and requirements and to test any and all equipment, systems, products and ingredients used in connection with the operation of the Bakery. If Franchisee in any way shall fail to maintain the standards of quality for the products and services as established by Franchisor from time to time, Franchisor shall notify Franchisee in writing of the failure and give Franchisee 10 days in which to cure such failure. If Franchisee fails to cure such failure within such 10 day period, Franchisor shall, in addition to any other remedy available to it, have the right to assign to the Bakery such persons as it deems necessary for the training of Franchisee's employees to ensure that the standards of quality for the products and services are maintained. Franchisee shall reimburse Franchisor for all costs associated with providing such personnel, including costs of transportation, meals, lodging, salaries, wages and other compensation (including fringe benefits).
(ii) Maintain at all times, at its expense, the Bakery and its machinery, equipment, fixtures, furnishings, furniture, décor, premises, parking areas, landscape areas, if any, and interior and exterior signs in an excellent, clean, attractive and safe condition in conformity with the Operations Manual and Franchisor's high standards and public image. Franchisee shall promptly make all repairs and replacements thereto as may be required to keep the Bakery in the highest degree of sanitation, repair and condition and to maintain maximum efficiency and productivity. However, Franchisee shall not undertake any alterations or additions (but may perform maintenance and make repairs) to the buildings, equipment, premises or parking areas associated with the Bakery without the prior written approval of Franchisor. If Franchisor changes its image or standards of operation with respect to the Bakery, Franchisee expressly agrees to comply with each change within such reasonable time as Franchisor may require, or if no time is specified, within 30 days after receiving notification of the change. Franchisee shall also maintain maintenance contracts and/or service contracts on all equipment and machinery designated by Franchisor and Franchisor shall have the right to designate the vendor(s) for such contracts and the requirements for the contracts.
(iii) Comply with all applicable laws, rules, ordinances and regulations that affect or otherwise concern the Bakery or the Franchised Site, including, without limitation, zoning, disability access, signage, fire and safety, fictitious name registrations, sales tax registration, and health and sanitation. Franchisee will be solely responsible for obtaining any and all licenses and permits required to operate the Bakery. Franchisee must keep copies of all health, fire, building occupancy and similar inspection reports on file and available for Franchisor to review. Franchisee must immediately forward to Franchisor any inspection reports or correspondence stating that Franchisee is not in compliance with any such laws, rules, ordinances and regulations.
(iv) Maintain sufficient inventories and employ sufficient employees to operate the Bakery at its maximum capacity and efficiency at such hours or days as Franchisor shall designate or approve in the Operations Manual or otherwise, and operate the Bakery for such hours or days so designated or approved by Franchisor, including any requirement for minimum weekly operating hours, currently set at 70 hours, but subject to change in Franchisor's discretion.
(v) Require all employees of the Bakery to wear uniforms and abide by the dress guidelines conforming to the specifications and standards Franchisor may from time to time designate in the Operations Manual or otherwise.
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees are obligated to maintain uniformity in appearance, services, products, and advertising to uphold the brand's reputation. This includes purchasing ingredients, products, supplies, furnishings, and equipment that conform to Cinnaholic's standards and are bought from designated or approved suppliers. Cinnaholic may designate single or multiple suppliers at any time and can require franchisees to purchase exclusively from them, including Cinnaholic itself or its affiliates, with Cinnaholic having the right to profit from these supplies.
If a Cinnaholic franchisee desires to purchase items from non-approved suppliers, they must submit a written request to Cinnaholic for authorization, including necessary information and samples. Cinnaholic has the right to inspect the supplier's facilities and test the items, with the franchisee bearing the reasonable costs of evaluation and testing. Approval can be denied for any reason, including limiting the number of approved suppliers.
Failure to comply with the Operations Manual, including purchasing from non-approved suppliers, can result in fines. Cinnaholic must provide one written notice of non-compliance before imposing a fine, which can range from $100 to $1000 per violation per day, at Cinnaholic's discretion. Franchisees must pay fines within ten days of written notice, and failure to do so constitutes a material default, potentially leading to electronic funds transfer from the franchisee's account. Continued or repeated violations could ultimately lead to termination of the franchise agreement.