obligation

If a Devon Creek cooperative is established, what documents must I sign?

Devon_Creek Franchise · 2024 FDD

Answer from 2024 FDD Document

Currently, our System has no regional advertising fund or cooperative. However, we may decide to establish a regional fund or cooperative in the future and your participation may be mandatory, in our sole discretion. A regional cooperative will be comprised of all franchised Devon Creek franchise outlets in a designated geographic area. Our affiliate-owned outlets may participate in a regional cooperative, in our sole discretion. Each Devon Creek franchise outlet will have one vote in the cooperative. We will determine in advance how each cooperative will be organized and governed. We have the right to form, dissolve, merge or change the structure of the cooperatives. If a cooperative is established during the term of your Franchise Agreement, you must sign all documents we request and become a member of the cooperative according to the terms of the documents. Currently, there are no governing documents available for your review.

If we establish a regional advertising fund or cooperative, you must contribute amounts we require. Your contributions to a regional advertising fund or cooperative will be in addition to your required contributions to the Brand Fund; however, contributions made by you to a regional advertising fund or cooperative will be credited against up to one-half of your required expenditures for local advertising. Fees for the cooperative are not to exceed one-half of the Local Advertising requirement or your pro-rata share of actual cooperative advertising costs, whichever is greater.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)

What This Means (2024 FDD)

According to the 2024 Devon Creek Franchise Disclosure Document, if Devon Creek establishes a regional advertising fund or cooperative in the future, franchisees may be required to participate. If a cooperative is established during the term of the Franchise Agreement, the franchisee must sign all documents Devon Creek requests and become a member of the cooperative according to the terms of those documents. Currently, there are no governing documents available for review.

Each Devon Creek franchise outlet will have one vote in the cooperative. Devon Creek will determine in advance how each cooperative will be organized and governed. Devon Creek has the right to form, dissolve, merge, or change the structure of the cooperatives.

Franchisees must contribute the amounts Devon Creek requires to the regional advertising fund or cooperative. These contributions will be in addition to the required contributions to the Brand Fund. However, contributions made to a regional advertising fund or cooperative will be credited against up to one-half of the required expenditures for local advertising. Fees for the cooperative are not to exceed one-half of the Local Advertising requirement or the pro-rata share of actual cooperative advertising costs, whichever is greater.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.