What section of the City Wide franchise agreement discusses the franchisee's obligations regarding statements and records?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
ontent for CITY WIDE's Internet marketing and Franchisee must follow CITY WIDE's Internet usage rules, policies and requirements. CITY WIDE retains the sole and absolute right to use the Marks on the Internet, including on websites, as domain names, directory addresses, search terms and meta-tags, and in connection with linking, marketing, co-branding and other arrangements. Franchisee shall use and participate in any Intranet system or other related technology hosting system that CITY WIDE establishes.
SECTION 11. Statements and Records Maintained by Franchisee
- 11.1 CITY WIDE's Ownership of Business Records. Franchisee acknowledges and agrees that CITY WIDE is the exclusive owner of all business records, accounts, books, data, licenses, reports, and contracts ("Business Records") with respect to customers and other service professionals of, and related to, the Franchised Business including, without limitation, all databases (whether in print, electronic or other form), including all names, addresses, phone numbers, e-mail addresses, customer purchase records, and all other records contained in the database, and all other Business Records created and maintained by Franchisee. Franchisee further acknowledges and agrees that, always during and after the termination, expiration or cancellation of this Agreement, CITY WIDE may access such Business Records, and may utilize, transfer, or analyze such Business Records as CITY WIDE determines to be in the best interest of the System, at CITY WIDE's sole and absolute right.
- 11.2 Maintenance of Business Records. Franchisee shall maintain for not less than three (3) years original, full, and complete Business Records which will accurately reflect all particulars relating to Franchisee's Franchised Business and such other statistical and other information as CITY WIDE may reasonably require.
- 11.3 Unaudited Financial Statements. Franchisee will deliver to CITY WIDE the following unaudited statements of Franchisee prepared in accordance with generally accepted financial principles:
- 11.3.1 Monthly profit and loss statements and balance sheets by the fifteenth (15th) day of the following month.
- 11.3.2 Quarterly profit and loss statements and balance sheets within thirty (30) days after each quarter ends; and
- 11.3.3 Annual statement of income and retained earnings, statement of changes in financial position, profit and loss statement, and balance sheet, all within 90 days after the end of each fiscal year.
Each statement must be itemized by revenue producing activity as specified from time to time by CITY WIDE, the Gross Sales for the preceding month, and such other information as CITY WIDE may require. The chief executive officer and chief financial officer of Franchisee must certify each financial statement as being true and correct in all material respects.
11.4 Certified Financial Statement. In addition, Franchisee, as well as any guarantor(s) of this Agreement, shall, within thirty (30) days after request from CITY WIDE, deliver to CITY WIDE a financial statement, certified as correct and current, in a form which is satisfactory to CITY WIDE, and which fairly represents the total assets and liabilities of Franchisee and any such guarantor(s).
- 11.5 Activity Report. By the tenth (10th) day of each month during the term of this Agreement, Franchisee shall provide CITY WIDE with an end of the month (EOM) activity report for the preceding month in a form approved by CITY WIDE, and as further set forth in the Operating Manual.
- 11.6 Local Advertising Report. Upon request, Franchisee shall deliver quarterly to CITY WIDE, no later than fifteen (15) days after the end of each of Franchisee's fiscal quarters, a report of the local advertising funds Franchisee spent, along with such supporting materials as may be required by CITY WIDE, on a form approved by CITY WIDE, for the preceding quarter's local advertising.
- 11.7 Inspection Rights of Business Records; Audit; Underpayment and Overpayment. CITY WIDE or its Representative (as defined in Section 16) will have the right at all reasonable times to examine and copy, at its expense, the Business Records. CITY WIDE may, at its sole and absolute right, require Franchisee to allow CITY WIDE daily access to the Business Records at reasonable times via electronic means. CITY WIDE will also have the right, at any time, to have an independent audit made of such Business Records or require Franchisee to submit annual audited or reviewed financial statements. If an audit or inspection should reveal that any payments to CITY WIDE have been understated in any report to CITY WIDE, then Franchisee will immediately pay CITY WIDE, upon demand, the understated amount plus interest at the maximum rate permitted by law, from the date such amount was due until paid.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, Section 11 of the franchise agreement, titled "Statements and Records Maintained by Franchisee," outlines the franchisee's obligations regarding business records and financial statements. This section specifies that City Wide owns all business records related to the franchised business, including databases, customer information, and purchase records. City Wide has the right to access, utilize, transfer, or analyze these records both during and after the term of the franchise agreement.
City Wide franchisees must maintain original and complete business records for at least three years, accurately reflecting all aspects of their franchised business. Franchisees are also required to provide City Wide with unaudited financial statements, including monthly and quarterly profit and loss statements and balance sheets, as well as annual statements of income, retained earnings, and changes in financial position. These statements must be itemized by revenue-producing activity and certified as true and correct by the franchisee's chief executive officer and chief financial officer.
Furthermore, City Wide retains the right to inspect and copy the books, records, and tax returns of the franchisee's subcontractors at its own expense. City Wide can also require the franchisee to arrange access to the subcontractors' books and records related to work performed for the City Wide franchise, up to two times per calendar year. Franchisees must use City Wide's designated software and maintain high-speed internet access and a City Wide-provided email address, with all associated emails and data considered business records. These stipulations ensure City Wide's access to and control over critical business data, which is typical in franchise agreements to maintain brand consistency and monitor franchisee performance.
Failure to comply with these requirements, such as knowingly maintaining false records or making false statements to City Wide, can lead to termination of the franchise agreement. This underscores the importance of accurate record-keeping and transparent reporting for City Wide franchisees. Additionally, Section 15.1 states that the obligation to maintain statements and records continues even after the termination of the agreement.