Can Crave Cookies Franchising unilaterally modify the Manual or System Standards?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
examination or audit if (i) Crave Cookies Franchising conducted the audit because Franchisee failed to submit required reports or was otherwise not in compliance with the
System, or (ii) the audit reveals that Franchisee understated Gross Sales by 3% or more for any 4-week period.
ARTICLE 11. FRANCHISOR RIGHTS
- 11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Crave Cookies Franchising. Crave Cookies Franchising may supplement, revise, or modify the Manual, and Crave Cookies Franchising may change, add or delete System Standards at any time in its discretion. Crave Cookies Franchising may inform Franchisee thereof by any method that Crave Cookies Franchising deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, Crave Cookies Franchising's master copy will control.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, Crave Cookies Franchising has the right to modify the Manual and System Standards at its discretion. Specifically, Crave Cookies Franchising can supplement, revise, or modify the Manual, and change, add, or delete System Standards at any time. This means that as a franchisee, you must adhere to the Manual and System Standards as they are updated, and Crave Cookies Franchising has the power to make these changes unilaterally.
Crave Cookies Franchising can inform franchisees of these changes through any method they deem appropriate, without needing to provide formal "notice" as defined elsewhere in the agreement. In the event of a dispute regarding the contents of the Manual, Crave Cookies Franchising's master copy will be the controlling document.
This right to unilateral modification is further reinforced by the statement that the franchise agreement does not limit Crave Cookies Franchising's rights to modify the Manual or System Standards. While the franchise agreement itself requires written and signed modifications to be effective, this requirement does not apply to changes made to the Manual or System Standards. This is a common practice in franchising, as it allows franchisors to adapt to changing market conditions and maintain consistency across the franchise system. However, it also means that franchisees must stay informed of any changes and be prepared to adapt their business practices accordingly.