Does the Crawlspace Medic Franchise Agreement include a section on 'Franchisee's Operations'?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.3.4. Franchisor may require Franchisee, at Franchisee's sole expense, to enter into software license agreements in the form that Franchisor requires for software Franchisor develops or acquires for use in the System. Currently this is Vonigo software.
- 12.3.5. Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall utilize the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6. Franchisor has established a website that provides information about the System and the products and services offered by the Crawlspace Medic System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website linking Franchisee's Franchised Business location. Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such link to Franchisee's location upon expiration or termination of this Agreement for any reason.
- 12.3.7. Franchisee shall pay all fees and expenses for technology required by this Agreement, including but not limited to, the costs of computer hardware and software, regularly recurring fees for software and Internet access, license fees, help desk fees, licensing or user-based fees for a franchise portal or a benchmarking platform. Currently this fee is 0.5% of Gross Revenue per unit per month.
- 12.4. Safety and Security of Premises. Franchisee is solely responsible for the safety and security of the Franchised Business location and vehicle(s), Franchisee's personnel, customers, agents and the general public. All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
- 12.5. Prices. Subject to applicable law, Franchisor may recommend or set maximum prices for services and products offered by Franchisee, which may vary
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, Section 12.3 covers technology requirements for franchisees. Crawlspace Medic may require franchisees to enter into software license agreements for software developed or acquired for use in the system. Currently, this includes Vonigo software. Franchisees must maintain adequate hardware and software to access the internet at the speed Crawlspace Medic requires and must use the electronic mail account provided by Crawlspace Medic, responding to emails daily. Franchisees are restricted from establishing any websites or internet listings unless specifically permitted.
Crawlspace Medic maintains a website providing information about the system, with sole discretion and control over its content. The franchisor will include a listing on its website linking to the franchisee's location; however, franchisees have no ownership rights to the franchisor's website and will lose the link upon termination of the agreement. Franchisees are responsible for all technology-related fees, including computer hardware and software costs, recurring software and internet access fees, license fees, help desk fees, and user-based fees for franchise portals or benchmarking platforms. Currently, this technology fee is 0.5% of gross revenue per unit per month.
Section 12.4 states that franchisees are solely responsible for the safety and security of the franchised business location and vehicles, personnel, customers, agents, and the general public. All safety and security matters are within the franchisee's discretion and control, and the franchisee's indemnification obligations apply to any claims against Crawlspace Medic regarding safety or security. Section 12.5 mentions that Crawlspace Medic may recommend or set maximum prices for services and products offered by the franchisee, subject to applicable law.