factual

Does the Craters & Freighters franchise agreement outline any obligations of the franchisee?

Craters_Freighters Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee acknowledges and agrees that it is obligated to pay Royalty Fees to Franchisor, in accordance with Section 3.2 of this Agreement, on all Adjusted Gross Sales (as hereafter defined) from customers residing or operating within the Territory and any Adjacent Territory.

Franchisee agrees to devote its best efforts to identifying, attracting, and serving customers who reside or operate within the Territory.

Therefore, except as otherwise permitted herein or as approved in advance and in writing by Franchisor, Franchisee will solicit business only in the Territory for the purpose of obtaining customers who reside or operate within the Territory, and Franchisee will not knowingly solicit business outside of the Territory.

Franchisee agrees to be solely responsible for all employment decisions and, in accordance with Section 6.10 of this Agreement, to comply with all state, federal, and local hiring laws and functions of the Franchised Business, including without limitation, those related to hiring, firing, training, wage and hour requirements, compensation, promotion, record-keeping, supervision, discipline, and workplace safety of employees, paid or unpaid, full or part-time.

Franchisee must comply with both the Lease and any additional leasehold covenants and regulations of the building in which the Premises is located.

In the event the landlord of the Premises terminates the Lease due to Franchisee's default of such Lease, such termination of the Lease will also constitute a material breach of this Agreement by Franchisee, so long as Franchisor verifies Franchisee's alleged default(s) of such Lease.

To protect the reputation and goodwill of Franchisor and the System, and to maintain uniform standards of operation under the Marks, Franchisee will conduct the Franchised Business in strict accordance with the specifications, standards, operating procedures, and rules set forth in this Agreement, the Operations Manuals, and otherwise established and communicated by Franchisor (collectively the "System Standards").

Throughout the duration of this Agreement, Franchisee will use and display the Marks and will make the Craters & Freighters logo ("Logo") the primary focus of identification on all promotional and direct mail, such as on letterhead, envelopes, and sales material.

In connection with the operation of the Franchised Business, Franchisee will from time to time become acquainted with, work with, and even generate certain information, procedures, techniques, data, and materials that are and, by this Agreement, will become proprietary to Franchisor. "Confidential Information" means certain confidential information relating to the operation of a Craters & Freighters Franchised Business which includes, but is not limited to, all knowledge, know-how, standards, methods and procedures related to the establishment and operation of the System and includes all records pertaining to customers, approved suppliers, and other service providers of, and/or related in any way to, Franchisee's Franchised Business including, without limitation, all databases (whether in print, electronic or other form), all names, addresses, phone numbers, e-mail addresses, customer purchase records, manuals, promotional and marketing materials, marketing strategies and any other data which Franchisor designates as confidential. "Trade Secret(s)" means information, including any formula, pattern, compilation, program, device, method, training technique or process related to the System that both derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Franchisee and Franchisee's owner(s) agree they: (i) will keep confidential any of Franchisor's Confidential Information or Trade Secrets, (ii) will not use such for its or their own purpose or supply or divulge same to any person, firm, association, or corporation except as reasonably necessary to operate the Franchised Business, (iii) will adopt and implement all reasonable procedures, including those that Franchisor prescribes to prevent unauthorized use or disclosure of any Confidential Information or Trade Secrets.

For a period of two (2) years after the expiration, transfer, or termination of this Agreement, Franchisee and its owner(s) may not, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership, or corporation:

  • 15.3.1 Perform any services for, consult for, engage in, acquire, lend money to, extend credit to, have any interest in, or be employed as an officer, director, executive, or principal of any Competitive Business at or within the following areas: (i) at the Premises of the Franchised Business; (ii) within the Territory granted to Franchisee under this Agreement; or (iii) within a radius of ten (10) miles of (a) the Premises of the Franchised Business, or (b) the premises of any other Craters & Freighters Franchised Business or any Craters & Freighters company-owned or Affiliate-owned outlet then-existing as of the date of the expiration, transfer, or termination of this Agreement.

  • 15.3.2 Divert, attempt to divert, or solicit business or customers of the Franchised Business, any Craters & Freighters Franchised Business, or any Craters & Freighters company-owned or Affiliate-owned business, to any Competitive Business by direct or indirect inducement or otherwise.

Source: Item 22 — CONTRACTS (FDD pages 49–50)

What This Means (2025 FDD)

According to the 2025 Craters & Freighters Franchise Disclosure Document, the franchise agreement outlines several obligations for the franchisee. These obligations cover various aspects of the business, including financial responsibilities, operational standards, and adherence to system-wide policies. Franchisees must pay royalty fees on Adjusted Gross Sales from customers within their territory and any adjacent territory where they are authorized to operate. They are also expected to devote their best efforts to attracting and serving customers within their designated territory and to solicit business primarily within that territory.

Craters & Freighters franchisees must comply with the brand's System Standards, which include specifications, operating procedures, and rules set forth in the franchise agreement and operations manuals. Compliance with these standards is crucial for maintaining the reputation and goodwill of the Craters & Freighters brand. Franchisees are also responsible for all employment decisions and must comply with all applicable hiring laws. This includes managing aspects such as training, wage requirements, and workplace safety.

Furthermore, Craters & Freighters franchisees are obligated to maintain the confidentiality of the franchisor's proprietary information and trade secrets, both during the term of the agreement and perpetually after its termination. They must also comply with the terms of their lease agreement for the business premises, with a failure to do so potentially constituting a breach of the franchise agreement. Franchisees must prominently display the Craters & Freighters logo on all promotional materials and signage. Finally, for a period of two years post-termination, franchisees are restricted from engaging in any competitive business within a specified area.

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.