factual

What written policies, besides the Agreement and Operating Manual, must a City Wide franchisee comply with?

City_Wide Franchise · 2025 FDD

Answer 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:

Franchisee will use only business stationery, business cards, marketing materials, advertising materials, printed materials, and forms which have been supplied by a supplier designated or approved by CITY WIDE pursuant to Section 7.9 of this Agreement and which meet all standards of quality and other specifications of CITY WIDE. Franchisee will submit to CITY WIDE in a timely manner, all promotional and advertising materials to be used by Franchisee, which must be approved by CITY WIDE before their use. Such submission will give CITY WIDE a minimum of seven (7) business days to review and approve such material.

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. CITY WIDE will have the right to add to and otherwise modify and replace the Operating Manual from time to time, provided that no such addition or modification will alter Franchisee's fundamental status and rights under this Agreement.

Failure to follow the mandatory specifications and standards set forth in the Operating Manual, as amended from time to time, constitute a material breach of this Agreement.

Franchisee will procure, at Franchisee's sole expense and maintain in full force and effect during the Term of this Agreement, an insurance policy or policies protecting Franchisee and CITY WIDE, and their officers, directors, partners and employees against any loss, liability, personal injury, death, or property damage or expense whatsoever arising or occurring upon or in connection with the Franchised Business, as CITY WIDE may reasonably require for its own and Franchisee's protection. Franchisee must name CITY WIDE as an additional insured in such policy or policies.

Such policy or policies will be written by an insurance company satisfactory to CITY WIDE in accordance with standards and specifications set forth in the Operating Manual or otherwise in writing, and will include, at a minimum (except as different coverages and policy limits may reasonably be specified for all franchisees from time to time by CITY WIDE in the Operating Manual or otherwise in writing) the following: comprehensive general liability insurance, hired/non-hired auto coverage, general liability umbrella policy, cyber insurance, employee dishonesty/crime policy, errors and omissions insurance, employment practices liability insurance, workers' compensation insurance (as determined by state of Franchised Business location), and business interruption insurance. Minimum coverage limits may be published in the Operating Manual and may be modified from time to time, as conditions require, by written notice from CITY WIDE to Franchisee.

Franchisee will notify CITY WIDE promptly in writing prior to taking legal action against any customer, supplier or independent contractor, and Franchisee will notify CITY WIDE promptly in writing of any legal action of any kind or nature, filed against Franchisee by anyone during the term or extension of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to City Wide's 2025 Franchise Disclosure Document, franchisees must comply with the Franchise Agreement, the Operating Manual, and other written policies that City Wide supplies. City Wide may prescribe mandatory specifications, standards, operating procedures, and rules in the Operating Manual or communicate them in writing to the franchisee, which then become provisions of the Franchise Agreement.

These standards protect City Wide's interests in the System and the Marks. Franchisees must use only approved business stationery, cards, marketing, and advertising materials that meet City Wide's standards. All promotional and advertising materials must be submitted to City Wide for approval at least seven business days before use. Franchisees must also notify the company in writing before taking legal action against customers, suppliers, or contractors, and of any legal action filed against them.

City Wide may modify the Operating Manual, but no changes will alter a franchisee's fundamental rights. Failure to follow the Operating Manual's specifications and standards constitutes a material breach of the Franchise Agreement. Additionally, franchisees must maintain insurance policies as specified in the Operating Manual or in writing by City Wide, including comprehensive general liability insurance, auto coverage, an umbrella policy, cyber insurance, and workers' compensation insurance. Minimum coverage limits may be published in the Operating Manual and modified with written notice.

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.