factual

What is the significance of the date fields in the City Wide addendum?

City_Wide Franchise · 2025 FDD

Answer from 2025 FDD Document

ective successors and assigns.

    1. No Further Changes. Except as specifically provided in this Addendum, all of the terms, conditions and provisions of the Successor Franchise Agreement will remain in full force and effect as originally written and signed.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first written above.

CITY WIDE FRANCHISE COMPANY, INC. FRANCHISEE:

By: By:
Name: Name:
Title: Title:

ATTACHMENT K TO THE FRANCHISE AGREEMENT BUSINESS DEVELOPMENT CENTER AGREEMENT

ATTACHMENT K TO

FRANCHISE AGREEMENT

CITY WIDE FRANCHISE COMPANY, INC.

BUSINESS DEVELOPMENT CENTER AGREEMENT

This Business Development Center Agreement ("Agreement") dated is entered into by and between City Wide Franchise Company, Inc. ("City Wide") and ("Franchisee")
(City Wide and Franchisee, collectively "Parties" or individually "Party").
RECITALS
A.
City
Wide
and
Franchisee
are
parties
to
that
certain
Franchise
Agreement
dated
("Franchise
Agreement"),[as amended]
pursuant
to
which
Franchisee
is
granted
the
right
to
operate
a
City
Wide franchise in the Designated Territory, as defined in the Franchise Agreement ("Franchised Business").
B.
Franchisee desires to enlist the Services (defined below) of City Wide's Business Development
Center for the purpose of
assisting in
the
prospecting and developing of local City
Wide clientele. Services will be
provided starting as of the date the Franchised Business opens for business ("Open Date" or as otherwise agreed
to by the Parties) hereinafter the "Effective Date".
C.
City Wide desires to provide said Services to Franchisee and Franchisee wishes to engage City
Wide to provide said Services, subject to the terms and conditions of this Agreement.
In consideration of the foregoing premises and the mutual covenants and agreements contained herein, the Parties
hereby agree as follows:
AGREEMENT
1.
Services.
Subject to the terms of this Agreement and based on the information provided to City
Wide by Franchisee, City Wide agrees to provide various business development services to Franchisee, pursuant to
the selected package and/or selected services on the attached Business Development Services Packages ("Exhibit
A") attached hereto and made a part hereof (collectively, "Services").
2.
Term.
a.
NEW. Any new Franchisee signing a new Franchise Agreement for a new Franchised Business
is a new Franchisee to City Wide, the term of this Agreement will begin
on
the
"Effective
Date"
and
will
continue
for
a
period
of
twelve
(12)
months,
unless
terminated sooner in accordance
with Section 3 of this Agreement ("New Franchisee Initial Term").
b.
EXISTING. If Franchisee
is an existing Franchise of
City
Wide
and
wishes
to
engage
City
Wide
for
the
BDC Services, the term of this Agreement will begin on date services to begin, the
("Effective Date") and will continue for a period of six (6) months, unless terminated sooner
in accordance with Section 3 of this Agreement ("Existing Franchisee
Initial
Term").

Term may collectively be referred to as "Initial Term". This Agreement will renew automatically for a period of

  1. For ease of reference herein, the New Franchisee Initial Term and the Existing Franchisee Initial

six (6) months (collectively, each six month term, "Successor Term"), unless terminated in accordance with Section 3 of this Agreement.

    1. Termination. At any time after the Initial Term, either Party may terminate this Agreement upon providing ninety (90) days written notice to the other Party, with the termination effective on the ninetieth day from date of delivery of the written notice, and acceptance by the Parties. Franchisee hereby acknowledges and accepts that any bonuses and/or commissions earned during the Term of the Agreement are still owed and payable pursuant to Exhibit B. City Wide will have the right, without incurring any liability to Franchisee, by notice in writing effective when given, to terminate this Agreement in the event the Franchise Agreement is terminated by City Wide.
    1. Pricing. The fee structure ("Business Development Fee") for the Services is as set forth on Exhibit A and shall be paid via ACH monthly electronic withdrawal pursuant to the monthly payments due and payable in connection with the Franchise Agreement.
    1. Independent Contractor. It is understood and agreed by Franchisee that this Agreement and the provision of Services hereunder by City Wide does not create a fiduciary relationship between them, that the Parties will be independent contractors, and that nothing in this Agreement is intended to make either party a general or special agent, joint venture, partner or employee of the other for any purpose.
    1. Results. City Wide does not guarantee results or a certain number of appointments, followers, or sales. Results are enhanced with regular communication between Franchisee or Franchisee's sales executive and the City Wide Business Development Center.
      1. Process. Upon execution of this Agreement, the following processisinitiated:
      • a. Business Development Center will assign a Business Development Specialist.
      • b. Franchisee provides information on the territory and goals.
      • c. Business Development Specialist is trained for five (5) days if applicable.
      • d. Accessto the franchisee's CRM, emfluence and City Wide Social accounts are set up.
      • e. Activities are completed based on the package selected to set appointments or generate incoming leads with the prospective Client.
      • f. Prospect's information along with appointment date and time are immediately provided to Franchisee.
      • g. Franchisee or assigned staff member attends appointment with prospect; and
      • h. Updates are provided by Franchisee back to the Business Development Specialist on whether the appointment resulted in a sold account.
      • i.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to City Wide's 2025 Franchise Disclosure Document, the date fields within the addenda to the franchise agreement are crucial for determining the effective dates and durations of various services and agreements between City Wide and the franchisee. These dates dictate when specific obligations and services commence and conclude, impacting the franchisee's operational and financial responsibilities. Understanding these dates is essential for managing the franchise effectively and ensuring compliance with contractual terms.

For instance, the Business Development Center Agreement specifies different terms based on whether the franchisee is new or existing. For new franchisees, the agreement begins on the "Effective Date" and continues for twelve months. For existing franchisees, the term begins on the date services commence and lasts for six months. Similarly, the IT Services Agreement includes an "Effective Date" that marks the commencement of the IT services provided by City Wide. These dates are critical for aligning service delivery with the franchisee's operational needs and ensuring timely support.

The Franchise Accounting Services Agreement also includes a date field, establishing when the agreement is entered into and thus when the franchisee can begin utilizing City Wide's accounting services. Furthermore, franchisees must adhere to specific reporting schedules, such as providing end-of-month activity reports by the tenth of each month and quarterly local advertising reports within fifteen days after the end of each fiscal quarter. Missing these deadlines can result in penalties, including interest charges and potential breach of contract. Therefore, franchisees must carefully track these dates to maintain compliance and avoid financial repercussions.

In summary, the date fields in the City Wide addenda define the timelines for service agreements, reporting obligations, and other contractual requirements. Prospective franchisees should pay close attention to these dates to ensure they understand their responsibilities and can effectively manage their franchise operations. Proper management of these dates will help franchisees maintain compliance, optimize service utilization, and avoid potential penalties.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.