For Cool Binz franchisees, how are the costs of maintenance and repairs for property and equipment handled?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
der 4 Years | 20% | | Under 5 Years | 15% | | Over 5 Years | Offer After Inspection |
- 6. RETURN OF EQUIPMENT. Upon expiration or termination of the Franchise Agreement, Franchisee will cooperate with CBI to repurchase all or some of the Equipment pursuant to the terms in the Franchise Agreement, unless Franchisee has arranged for the sale of the Equipment to another COOL BINZ franchisee with the consent of CBI.
- 7. COVENANTS OF FRANCHISEE. Franchisee covenants with CBI to (i) use and maintain the Equipment in a lawful manner and so as not to violate any law or regulation of the state, city or other political subdivisions in which Franchisee uses the Equipment; (ii) return, pay and file when due all taxes, fees and similar charges, including without limitation sales or use tax, and ad valorem and personal property taxes, imposed on the ownership, possession or use of the Equipment; (iii) keep the Equipment free and clear of all liens, security interests, claims and encumbrances except for those incurred through the initial financing of the Equipment with CBI or from a vendor approved by CBI; (iv) obtain and maintain property insurance on the Equipment covering loss, damage, theft, vandalism and casualty; (v) maintain the Equipment per the manufacturer's maintenance, repair and replacement instructions; (vi) maintain in place any notices, labels or other indicia provided by CBI to indicate that the Equipment is subject to this Agreement; (vii) operate the Business as required under the Franchise Agreement; and (viii) notify CBI when any party claims any interest in the Equipment.
- 8. GRANT OF SECURITY INTEREST. In the event Franchisee's purchase of the Equipment sold under the Invoice is financed by CBI, Franchisee hereby grants to CBI a continuing security interest in the Equipment sold to Franchisee, and any additions, accessions, accessories, attachments and replacements of such Equipment, any proceeds and products. The security interest shall continue for the term of this Agreement to secure Franchisee's obligations under this Agreement. Franchisee authorizes CBI to file a financing statement with regards to the Equipment without the necessity of obtaining an additional signature from Franchisee. The rights and remedies of CBI as a secured party under this Agreement and under applicable law are cumulative and non-exclusive. Franchisee agrees to entry for the benefit of CBI by any court of competent jurisdiction without prior notice or the posting of any bond of temporary and permanent injunctions and orders of specific performance to enforce this Agreement or any right or remedy available at law or in equity to CBI.
- 9. TERM, DEFAULT AND TERMINATION. The term of this Agreement shall commence on the effective date set forth above and shall continue in full force and effect until the Franchise Agreement and Promissory Note terminates or expires, and all Equipment is subject to proper disposition as provided herein.
- 10. ADDITIONAL TERMS. No cancellation, modification, amendment, deletion, addition or other change in this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing signed by both Parties.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, franchisees are responsible for the costs associated with maintaining and repairing their property and equipment. Cool Binz franchisees must maintain the equipment according to the manufacturer's instructions for maintenance, repair, and replacement. This includes keeping the computer system in good repair and installing any upgrades or modifications that Cool Binz directs in writing, all at the franchisee's own expense.
Cool Binz requires franchisees to obtain and maintain property insurance on the equipment, covering loss, damage, theft, vandalism, and casualty. Franchisees must also ensure that the equipment remains free of all liens, security interests, claims, and encumbrances, except for those incurred through the initial financing of the equipment with Cool Binz or from a vendor approved by Cool Binz.
Furthermore, Cool Binz franchisees must operate and maintain their business according to the System Standards, which may include specifications regarding the use of supplies and equipment. Franchisees are also responsible for maintaining vehicles used in the business in good condition, free of major defects, and with decals free of defects, as defined by Cool Binz standards. These standards are subject to periodic changes, and franchisees must comply with any such changes immediately upon notice.