factual

Who can review the annual financial statements of a Crab N Spice advertising cooperative?

Crab_N_Spice Franchise · 2024 FDD

Answer from 2024 FDD Document

We do not currently have any local or regional advertising cooperatives. We have the right to require you to participate in a local or regional advertising cooperative. We will define the area of the cooperative based on media markets, or other geographic criteria that we deem appropriate. Each franchisee in the area would have one vote per outlet (unless the franchisee is in default under its franchise agreement). The amount you must contribute to the cooperative will be determined by vote of the members, but not less than 1% of gross sales. If our own outlets are members of a cooperative, they must contribute to the cooperative on the same basis as franchisees, and they will vote on the same basis as other members. If our outlets have controlling voting power, there is no maximum on fees that could be imposed. We administer the cooperative, but we have the right to delegate responsibility for administration to an outside company such as an advertising agency or accounting firm, or to the franchisee members of the cooperative. We have the right to require the cooperative to operate from written bylaws or other governing documents that we determine. The documents are not currently available for you to review. Cooperatives will prepare annual financial statements which will be made available for review only by us and by the members of cooperative. We have the power to require cooperatives to be formed, changed, dissolved, or merged.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 20–27)

What This Means (2024 FDD)

According to the 2024 Crab N Spice Franchise Disclosure Document, the annual financial statements of a local or regional advertising cooperative can be reviewed by Crab N Spice and the members of the cooperative. Crab N Spice has the right to require franchisees to participate in these cooperatives, defining the cooperative's area based on media markets or other geographic criteria.

Each franchisee within the cooperative's area has one vote per outlet, unless they are in default of their franchise agreement. The contribution amount is determined by the members' vote, but it will not be less than 1% of gross sales. If Crab N Spice owns outlets within the cooperative, those outlets must contribute on the same basis as franchisees and vote on the same basis as other members.

Crab N Spice also has the power to require cooperatives to be formed, changed, dissolved, or merged. While Crab N Spice administers the cooperative, it can delegate this responsibility to an outside company or to the franchisee members. The documents governing the cooperatives are not currently available for review.

Disclaimer: This information is extracted from the 2024 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.