In a dispute about the Crawlspace Medic manual's contents, which version controls?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| THIS FRANCHISE AGREEMENT (this "Agreement") is being entered into this | ||
|---|---|---|
| day of | , (the "Effective Date") by and between | |
| CSM Franchise Group, | ||
| LLC, a South Carolina | ||
| Limited Liability Company with its principal place of business at | ||
| 1049 2nd Avenue, Columbia, SC 29209 | ||
| (herein "Franchisor) and | ||
| , a, with its | ||
| principal place of business located at | ||
| and | ||
| 's | ||
| principal(s), an individual | ||
| residing at | and | |
| and, an individual residing at | ||
| ("Principal(s)") | ||
| Principal(s) shall be collectively referred to in this Agreement as the "Franchisee". |
RECITATIONS
Through the expenditure of considerable time, effort and money, Franchisor has developed and established a unique and distinctive crawlspace care and repair business which features, among other things, home moisture prevention and termite and water damage repair, using Franchisor's designs, and using Franchisor's confidential operations manual ("Manual") of business practices and policies, and Franchisor's distinctive trade dress, operations methods, sales techniques, inventory, procedures for management control and training, assistance, advertising, and promotional programs, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System"). Training will occur at Franchisor's headquarters and/or other affiliated outlet currently located in Columbia, South Carolina, and will be provided consistent with Franchisor's training manuals.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
Based on the 2024 Crawlspace Medic Franchise Disclosure Document, the franchise agreement stipulates that the Crawlspace Medic confidential operations manual contains the business practices and policies that franchisees must adhere to. The franchisor retains the right to change, improve, or further develop the manual at any time. Franchisees must operate in strict conformity with the manual, as it may be updated by Crawlspace Medic from time to time.
Crawlspace Medic's franchise agreement emphasizes the importance of maintaining high and uniform standards of quality, service, and appearance across all franchised businesses. Franchisees acknowledge the necessity of operating their businesses in accordance with Crawlspace Medic's standards and specifications, which are detailed in the manual. This ensures that all franchisees follow the most current guidelines and procedures set forth by the franchisor.
In essence, the most current version of the Crawlspace Medic operations manual, as updated and maintained by the franchisor, governs the operations of the franchise. This allows Crawlspace Medic to adapt to changing market conditions, improve operational efficiencies, and maintain brand consistency across all franchise locations. Franchisees are expected to stay informed of any updates to the manual and implement them in their businesses.