Are the mandatory specifications, standards, operating procedures, and rules communicated by City Wide considered part of the Franchise Agreement?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall comply with all requirements contained in this Agreement, the Operating Manual and other written policies CITY WIDE supplies to Franchisee. Mandatory specifications, standards, operating procedures and rules CITY WIDE prescribes from time to time in the Operating Manual or otherwise communicated to Franchisee in writing will constitute provisions of this Agreement as if fully outlined in this Agreement. Any required standards set forth herein, the Operating Manual exist to protect CITY WIDE's interests in the System and the Marks and not to establish any control or duty to take control over those matters that are reserved to Franchisee. All references to this Agreement will include all such mandatory specifications, standards and operating procedures and rules. Franchisee's failure to comply with requirements set forth in this Agreement concerning quality and performance will constitute a material breach of and cause for termination of this Agreement. Franchisee will comply with the entire System including, but not limited to:
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, the mandatory specifications, standards, operating procedures, and rules that City Wide prescribes in the Operating Manual or otherwise communicates to the franchisee in writing are considered provisions of the Franchise Agreement. These standards are in place to protect City Wide's interests in its system and marks.
The Franchise Agreement encompasses all such mandatory specifications, standards, operating procedures, and rules. A franchisee's failure to comply with the quality and performance requirements outlined in the Franchise Agreement constitutes a material breach and may lead to termination of the agreement.
This means that as a City Wide franchisee, you are legally bound to follow not only the explicit terms of the Franchise Agreement but also any mandatory guidelines detailed in the Operating Manual or communicated separately in writing. Failing to adhere to these standards can have serious consequences, including potential termination of your franchise.