Can a Cool Binz franchisee be required to designate a Designated Manager in addition to a Managing Owner?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
ten (10) years (the "Initial Term") commencing on the date of this Agreement.
You must at all times faithfully, honestly, and diligently perform your obligations under this Agreement. Except as stated herein, you must designate at least one managing owner (the "Managing Owner") who will be our primary individual contact with the COOL BINZ Business and who we will approve in our sole discretion. A Managing Owner may, in our sole discretion, serve as the Managing Owner of more than one COOL BINZ Business that is owned by you; provided, however, that we may, in our sole discretion, require you to designate a person who will serve as the primary individual contact for this COOL BINZ Business (the "Designated Manager"). We must approve of the Designated Manager in writing, which we may grant in our sole discretion. The Managing Owner and, if applicable, the Designated Manager, must successfully complete our JumpStart and Initial Training Programs as described in and required by the Franchise Agreement. The Designated Manager is not required to have an ownership interest in the COOL BINZ Business. The Managing Owner or, if applicable, the Designated Manager must continuously exert her/his full-time best efforts to manage, promote and enhance the COOL BINZ Business, and such other COOL BINZ Businesses as we permit in our sole discretion. Without our prior written permission, the Managing Owner and, if applicable, the Designated Manager, must not engage in any other business or activity that conflicts with their obligations to operate the COOL BINZ Business on a full-time, year round basis.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, a franchisee must designate at least one managing owner who will be the primary contact with the Cool Binz business. Cool Binz must approve this Managing Owner. A Managing Owner may serve for more than one Cool Binz Business owned by the franchisee.
However, Cool Binz may require the franchisee to designate a person who will serve as the primary individual contact for the Cool Binz Business, called the Designated Manager. Cool Binz must approve the Designated Manager in writing. The Designated Manager is not required to have an ownership interest in the Cool Binz Business.
Both the Managing Owner and, if applicable, the Designated Manager, must successfully complete Cool Binz's JumpStart and Initial Training Programs. They both must continuously exert their full-time best efforts to manage, promote, and enhance the Cool Binz Business, and must not engage in any other conflicting business activity without prior written permission from Cool Binz.