Are the mandatory specifications, standards, operating procedures, and rules prescribed by City Publications considered part of the franchise agreement?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
or until such time as Franchisor withdraws its request. Franchisee agrees to execute any and all documents necessary to facilitate the release of records referenced herein to Franchisor.
SECTION 13. FRANCHISE SYSTEM
A. Uniformity of System
Franchisee shall comply with all requirements set forth in this Agreement, the Manual and other policies as required by Franchisor. Mandatory specifications, standards, operating procedures and rules prescribed from time to time by Franchisor in the Manual, or otherwise communicated to Franchisee in writing, shall constitute provisions of this Agreement as if fully set forth herein. Franchisee shall comply with all such mandatory specifications, standards and operating procedures and rules.
B. Modification of the System
Franchisee recognizes that from time to time hereafter, Franchisor may change or modify the System including, without limitation, the adoption and use of new or modified Marks or copyrighted materials, new computer hardware and/or software, equipment or new techniques. Franchisee will accept and use, for the purpose of this Agreement, any such changes in the System as if they were part of this Agreement at the time of execution hereof. Franchisee will make such expenditures as such changes or modifications in the System may reasonably require.
**C.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications's 2025 Franchise Disclosure Document, the mandatory specifications, standards, operating procedures, and rules that City Publications prescribes are considered part of the franchise agreement. Specifically, Section 13.A states that these items, whether found in the manual or communicated in writing, are provisions of the agreement as if they were fully written out in the agreement itself. Franchisees must comply with all mandatory specifications, standards, operating procedures, and rules. This means that any changes to the manual or written communication from City Publications is legally binding.
Section 13.B states that City Publications may change or modify the System from time to time, including adopting new or modified marks, copyrighted materials, computer hardware and/or software, equipment, or new techniques. Franchisees must accept and use any such changes in the System as if they were part of the agreement at the time of execution. Franchisees will also be responsible for any expenditures that these changes or modifications may reasonably require.
However, Section 13.C states that City Publications reserves the right to vary System standards for any franchisee based on any condition that City Publications deems important to the successful operation of the franchisee's business. The franchisee is not entitled to require City Publications to disclose or grant to the franchisee a similar variation. This clause gives City Publications a degree of flexibility in applying the System standards, but it also means that franchisees may not be treated exactly the same.