What is the Devon Creek franchisee's responsibility in resolving customer disputes?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges Franchisor's philosophy that exceeding customers' expectations is essential to Franchisee's success as well as the reputation and success of the System and other Devon Creek franchisees and that all System franchisees shall endeavor to go above and beyond expectations and generosity in all customer dealings.
Accordingly, Franchisee agrees to: (i) use its best efforts to ensure the complete satisfaction of each of Franchisee's customers; (ii) apply the highest standards of customer service and use good faith in all dealings with customers, potential customers, referral sources, suppliers and creditors; (iii) respond to customer complaints in a courteous, prompt, and professional manner; (iv) use its best efforts to promptly and fairly resolve customer disputes; and (v) within twenty-four (24) hours of receiving a request from Franchisor, provide Franchisor a written summary of the dispute.
If Franchisee fails to resolve a dispute with a customer, for any reason whatsoever, Franchisor, in its sole discretion and for the sole purpose of protecting the goodwill and reputation of the System and the Marks, may (but shall not be obligated to) investigate the matter and take such action as Franchisor may deem necessary or appropriate to resolve the dispute fairly and promptly, including, but not limited to, the issuance of a refund on Franchisee's behalf.
Within ten (10) days after receiving notice thereof, Franchisee shall reimburse Franchisor for any amounts refunded to a customer on Franchisee's behalf. Franchisee hereby authorizes Franchisor to take payment of refunded amounts, at Franchisor's option, through electronic funds transfer or ACH payment. Nothing contained in this Section or any other provision of this Agreement shall be construed to impose liability upon Franchisor to any third party for any action by or obligation of Franchisee.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees are expected to prioritize customer satisfaction and handle disputes effectively. Devon Creek emphasizes that exceeding customer expectations is crucial for the franchisee's success and the overall reputation of the Devon Creek system. Franchisees must strive to go above and beyond in all customer interactions.
Specifically, Devon Creek franchisees are required to use their best efforts to ensure customer satisfaction, apply high standards of customer service, and act in good faith with customers, potential customers, referral sources, suppliers, and creditors. They must respond to customer complaints courteously, promptly, and professionally. Franchisees are expected to use their best efforts to resolve customer disputes fairly and promptly. Within 24 hours of a request from Devon Creek, the franchisee must provide a written summary of the dispute to the franchisor.
If a Devon Creek franchisee cannot resolve a customer dispute, Devon Creek, at its discretion, may investigate and take action to resolve the dispute to protect the brand's goodwill. This includes potentially issuing a refund on the franchisee's behalf. The franchisee is then required to reimburse Devon Creek for any amounts refunded to the customer within ten days of receiving notice. Devon Creek is authorized to take payment of these refunded amounts through electronic funds transfer or ACH payment. However, the agreement clarifies that Devon Creek is not liable to any third party for the franchisee's actions or obligations.