What is the purpose of the standards set forth in the City Wide Operating Manual?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
not participate in the National Business Development Program or is unable to fully service a National Account in its Designated Territory, CITY WIDE, an affiliate, or a third party CITY WIDE designee (including another CITY WIDE franchisee) may provide the services necessary to fulfill a National Account in Franchisee's Designated Territory and Franchisee will not be entitled to any compensation in connection with the transaction; and
SECTION 7. Standards of Operation
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:
- 7.1 Commencing Operations. Franchisee will commence operation of the Franchised Business not later than one hundred twenty (120) calendar days after the execution and acceptance of this Agreement. Franchisee shall apply to all appropriate government authority for such permits, licenses and/or approvals which may be required to operate Franchisee's Franchised Business within the Designated Territory for Franchisee's Franchised Business within fourteen (14) calendar days after execution and acceptance of this Agreement. Such permits, licenses, and/or approvals may include, but not be limited to, a general contractor's license. Prior to the opening of the Franchised Business, Franchisee will have complied with all CITY WIDE's pre-opening standards and specifications. If for any reason Franchisee fails to commence operation as provided in this Agreement, such failure will be considered a default and CITY WIDE may terminate this Agreement.
- 7.2 Permits and Certification.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, the standards outlined in the Operating Manual are in place to protect City Wide's interests in its System and Marks. These standards are not intended to establish control over aspects of the business that are reserved for the franchisee. The mandatory specifications, standards, operating procedures, and rules that City Wide prescribes in the Operating Manual or communicates in writing become provisions of the Franchise Agreement. Franchisees must comply with all requirements in the Agreement, the Operating Manual, and other written policies provided by City Wide.
Failure to adhere to the mandatory specifications and standards in the Operating Manual, as amended, constitutes a material breach of the Franchise Agreement. If the breach is not resolved within 30 days of receiving written notice from City Wide, City Wide has the right to terminate the agreement. The Operating Manual remains City Wide's sole property, and franchisees must cease using electronic versions and destroy printed 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.
City Wide also reserves the right to modify the Operating Manual, adding to or replacing its contents, provided that such changes do not fundamentally alter the franchisee's rights and status under the agreement. Franchisees are also required to submit copies of tax returns, tax filing documents, proofs of insurance, certificates of good standing, and other documentation as required and set forth in the Operating Manual, and as from time to time modified therein.
City Wide also reserves the right to vary standards for any franchise owner based upon the peculiarities of a particular site or circumstance, density of population, business potential, population of trade area, existing business practices or any other conditions which City Wide deems to be of importance to the successful operation of such Franchisee's business. Franchisee shall have no recourse against CITY WIDE on account of any variation from standard specifications and practices granted to any franchise owner and shall not be entitled to require CITY WIDE to grant Franchise Owner a like or similar variation hereunder.