What is the franchisee's obligation regarding performance under the Cool Binz Franchise Agreement?
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. In the case of
multiple owners, the owner with day-to-day responsibility and authority to run the COOL BINZ Business and with whom we will communicate shall be identified on the signature line as the first Managing Owner.
Before commencing operation of the COOL BINZ Business, you must employ at least one person who has completed the Initial Training. At all times during the term of the Franchise Agreement, you must have employed at the COOL BINZ Business a person who has completed the Initial Training.
Before attending the Initial Training and/or upon any change to the legal entity ownership, you must submit to us a corporate resolution, or similar action, which states the name of the corporation or LLC, the legal names of all of the partners or shareholders, the percentage of ownership that each member controls, their place of residence and their agreement to be bound by the terms of the Franchise Agreement. In the case of multiple owners, you must submit a dispute resolution procedure acceptable to us in our sole discretion that states what you will do in the event that there is a conflict between any owners of the franchisee entity. In addition, at all times, the owners who have executed the Franchise Agreement must control 67% of the franchisee entity. The remaining owners must sign a written confidentiality and non-compete agreement in the form we prescribe.
At the start of their employment, you must require, as consideration for employment, each of your Managing Owner, Designated Managers, sales and/or account management employees to sign non-disclosure and confidentiality agreements that we have specified or approved.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, franchisees must faithfully, honestly, and diligently perform their obligations under the Franchise Agreement. A franchisee must designate a Managing Owner, subject to Cool Binz's approval, who will be the primary contact with the company. Cool Binz may require the franchisee to designate a Designated Manager, who Cool Binz must also approve. The Managing Owner and Designated Manager must complete Cool Binz's training programs.
The Managing Owner or Designated Manager must continuously exert their full-time best efforts to manage, promote, and enhance the Cool Binz business. Without Cool Binz's prior written permission, the Managing Owner and 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. The franchisee must employ at least one person who has completed the Initial Training before commencing operations and at all times during the term of the Franchise Agreement.
Cool Binz franchisees must operate and maintain their business according to Cool Binz's System Standards to preserve goodwill for the Cool Binz brand and all franchisees. Franchisees must devote their full-time best efforts to operate and maintain their business according to every System Standard, even if they believe a System Standard is not in the System's or their franchise's best interests. Cool Binz may periodically modify and supplement System Standards during the term of the Franchise Agreement, and franchisees must comply with any such changes immediately upon notice.