Can Endless Summer Sweets change System Standards at any time?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties.
This provision does not limit Franchisor's rights to modify the Manual or System Standards.
- 18.5 Consent; Waiver. No consent under this Agreement, and no waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the consent or waiver.
No waiver by a party of any right will affect the party's rights as to any subsequent exercise of that right or any other right.
No delay, forbearance or omission by a party to exercise any right will constitute a waiver of such right.
- 18.6 Cumulative Remedies. Rights and remedies under this Agreement are cumulative.
No enforcement of a right or remedy precludes the enforcement of any other right or remedy.
18.7 Severability. The parties intend that (i) if any provision of this Agreement is held by an arbitrator or court to be unenforceable, then that provision be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded, and (ii) if an unenforceable provision is modified or disregarded, then the rest of this Agreement will remain in effect as written.
18.8 Governing Law. The laws of the state of California (without giving effect to its principles of conflicts of law) govern all adversarial proceedings between the parties.
The parties agree that any California law for the protection of franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently without reference to this Section 18.8.
- 18.9 Notices. Any notice will be effective under this Agreement only if made in writing and delivered as set forth in this Section to: (A) if to Franchisee, addressed to Franchisee at the notice address set forth in the Summary Page; and (B) if to Franchisor, addressed to Chief Executive Officer, Endless Summer Sweets Franchising Inc., 2358 Shattuck Avenue, Berkeley, CA 94704.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to Endless Summer Sweets's 2024 Franchise Disclosure Document, Endless Summer Sweets retains the right to modify the System Standards at any time. The franchise agreement specifies that modifications or amendments to the agreement itself must be in writing and signed by both parties to be effective. However, this requirement does not limit Endless Summer Sweets's ability to unilaterally change the Brand Standards Manual or System Standards.
System Standards encompass the mandatory procedures, requirements, and standards of the Endless Summer Sweets System as determined by Endless Summer Sweets. These standards can include, but are not limited to, aspects such as appearance, business metrics, cleanliness, customer service, design (including construction, decoration, layout, furniture, fixtures, and signs), equipment, inventory, marketing and public relations, operating days and hours, presentation of the Marks, product and service offerings, quality control, reporting, safety, and technology.
For a prospective Endless Summer Sweets franchisee, this means that Endless Summer Sweets has the authority to change various operational aspects of the business during the franchise term. Franchisees must stay informed of any changes to the System Standards and adapt their business practices accordingly. While the franchise agreement itself requires written consent for modifications, System Standards can be changed by Endless Summer Sweets without the franchisee's direct consent.