What is the required level of effort expected from a Craters & Freighters franchisee?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
of this Agreement, "Affiliate" means any person or entity that controls, is controlled by, or is in common control with, Franchisor or Franchisee.
- 1.3 Operation of Franchised Business Limited to 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. However, Franchisee is not required to verify that customers to the Franchised Business reside or conduct business within the Territory. Franchisee acknowledges and agrees that Franchisor, an Affiliate of Franchisor, or designee of Franchisor, as part of Franchisor's business strategy, may advertise or market on behalf of the System in the Territory. Franchisee agrees to abide by Franchisor's then current policies on marketing outside the Territory, if any, and on cooperating with neighboring Craters & Freighters franchisees, as the same may be set forth from time to time in the Operations Manuals. Franchisee acknowledges and agrees that customers residing or operating within the Territory are entitled the freedom to choose any Craters & Freighters outlet which they believe will best serve them and their needs, and that they may seek service of the type provided by Franchisee from others, including another Craters & Freighters outlet located outside of Franchisee's Territory. Franchisee further acknowledges and agrees that advertising promotions conducted by third parties upon request by Franchisor may inadvertently refer customers residing or operating within the Territory to a Craters & Freighters outlet outside of the Territory.
- 1.4 Servicing in Unsold Adjacent Territories. Franchisor may grant Franchisee the right, in Franchisor's sole determination, to promote and advertise the Franchised Business to customers, or to service customers, in an unsold territory adjacent to the Territory ("Adjacent Territory"). 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 acknowledges and agrees that neither the ability to service nor the grant of Franchisor's permission to service customers residing or operating in any Adjacent Territory affords Franchisee any right, title, or interest in or to such Adjacent Territory whatsoever, including the ability to do further business in the Adjacent Territory after it is granted to a third party (including any right to acquire such Adjacent Territory or any right of first refusal as to such Adjacent Territory). If the right to operate in the Adjacent Territory is subsequently granted by Franchisor to another Craters & Freighters franchisee through the sale of a franchise, Franchisee agrees to, upon receipt of written notice from Franchisor, cease all promotional and advertising efforts within the Adjacent Territory, return to Franchisor all customer data and prospect information related to the Adjacent Territory, and cease providing products and services to customers in the Adjacent Territory.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters FDD, franchisees must devote their best efforts to attract and serve customers within their designated territory. This includes actively identifying and pursuing customers in the area. While franchisees are expected to focus their solicitation efforts within their territory, they are not required to verify that customers reside or operate within it. Craters & Freighters may also market on behalf of the system within the franchisee's territory. Franchisees must follow Craters & Freighters's marketing policies for areas outside their territory and cooperate with neighboring franchisees. Customers have the freedom to choose any Craters & Freighters outlet, even those outside the franchisee's territory. Franchisees are obligated to pay royalty fees on adjusted gross sales from customers within their territory and any adjacent territory where they are permitted to operate.
Franchisees must manage and operate their business ethically and honorably, ensuring courteous and professional service to customers. Protecting the goodwill of the Craters & Freighters brand, system, and franchised business is also a key responsibility. Handling customer complaints and requests for refunds or adjustments must be done in accordance with applicable laws, regulations, and Craters & Freighters's standards. Franchisees are also expected to work cooperatively with other Craters & Freighters franchisees.
Furthermore, the FDD states that franchisees or their managers must attend periodic training courses and meetings on new methods, techniques, equipment, services, and procedures. Franchisee owners or their designees must attend Craters & Freighters's annual franchisee convention, and owners must also attend regional meetings. Franchisees are required to sell only the products and services outlined in the Operations Manuals. Craters & Freighters will provide guidance on pricing, as required and at their sole discretion.