In the Deck Medic franchise agreement, what is the franchisee's responsibility regarding modifications to specifications, standards, or operating procedures?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor shall provide Franchisee with access to the Operations Manual. The Operations Manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards and operating procedures that Franchisor prescribes for Deck Medic Businesses. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual as, such standards, specifications, and requirements including, but not limited to, the Approved Services and Products, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement, and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the Operations Manual and shall keep and maintain all files, data and information contained in the Operations Manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the Operations Manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business.
Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the Operations Manual and, such notice may take form of electronic communications including emails and, if the Operations Manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the Operations Manual. Without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products and utilize the System Supplies as designated by Franchisor, in Franchisor's Reasonable Business Judgment, in the Operations Manual and, in accordance with the terms, specifications and requirements set forth in the Operations Manual and as Franchisor may supplement and
modify the Operations Manual from time to time or, as Franchisor may otherwise designate in writing.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, franchisees must strictly adhere to the specifications, standards, and operating procedures outlined in the Operations Manual. These guidelines cover various aspects of the business, including approved services and products, system supplies, and authorized suppliers, all effective from the franchise agreement's effective date. Deck Medic retains the right to supplement, modify, change, and/or replace these standards and specifications in the future, using their reasonable business judgment. Franchisees are also responsible for maintaining the confidentiality of the Operations Manual and securing all its data and information.
Deck Medic is obligated to provide franchisees with reasonable notice of any modifications or changes to the Operations Manual. This notice may be delivered through electronic communications, such as emails, or via notifications within an online web-based platform if the manual is maintained there. Franchisees will be given a reasonable period of time, as determined by Deck Medic, to implement these changes and modifications.
Specifically, franchisees are only allowed to offer and sell approved services and products and use system supplies as designated by Deck Medic in the Operations Manual. These activities must comply with the terms, specifications, and requirements detailed in the manual, as well as any supplements or modifications made by Deck Medic. This ensures uniformity and quality control across all Deck Medic franchise locations.