Does the City Wide franchise agreement specify how often the Operating Manual is updated?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
for the Franchised Business's products and designated service and product lines. Franchisee's failure to devote Franchisee's best efforts to adequately represent the Marks and the System at Franchisee's Location will be deemed to be just cause for CITY WIDE to terminate this Agreement.
CITY WIDE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, VALIDITY OR ENFORCEABILITY OF ANY COPYRIGHTS REFERENCED IN THIS AGREEMENT.
SECTION 8. Confidential Operating Manual
- 8.1 During the Term CITY WIDE will provide Franchisee with access to CITY WIDE's current confidential Operating Manual, containing reasonable and mandatory specifications, standards, operating procedures and rules prescribed from time to time by CITY WIDE for the Franchised Business and information relative to Franchisee's other obligations under this Agreement and the operation of the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, City Wide retains the right to modify and replace the Operating Manual periodically. Franchisees are granted access to the current, confidential Operating Manual, which contains mandatory specifications, standards, operating procedures, and rules for the franchised business.
City Wide can add to, modify, and replace the Operating Manual, provided that these changes do not fundamentally alter the franchisee's rights and status under the agreement. Franchisees must adhere to the specifications and standards outlined in the Operating Manual, and failure to do so can be considered a material breach of the agreement if not corrected within thirty days of receiving written notice from City Wide, potentially leading to termination of the agreement.
The Operating Manual remains City Wide's property, and franchisees must cease using and destroy any copies upon termination of the agreement. Franchisees are prohibited from disclosing, duplicating, or using any part of the Operating Manual in an unauthorized manner, as it contains proprietary and confidential information. The FDD does not specify a set frequency for updates, but rather states that City Wide will make changes 'from time to time'.
For a prospective franchisee, this means that the policies and procedures for operating their City Wide franchise could change at any time. While City Wide is obligated to provide access to the most current version, franchisees need to stay informed of these changes and adapt their business practices accordingly. A prospective franchisee may want to ask City Wide about the typical frequency and nature of updates to the Operating Manual to better understand the scope of potential changes.