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Under what circumstances will Endless Summer Sweets charge its actual costs to a franchisee?

Endless_Summer_Sweets Franchise · 2024 FDD

Answer from 2024 FDD Document

Type of Fee Amount Due Date Remarks
Our actual costs Payable if we incur costs (including
reasonable attorney fees) in attempting to
collect amounts you owe to us.
If we provide in-person support to you in
response to your request, we may charge
this fee plus any out-of-pocket expenses
(such as travel, lodging, and meals for
employees providing onsite support).
We may take any action we consider
appropriate to resolve a customer
complaint about your business. If we
respond to a customer complaint, we may
require you to reimburse us for our
expenses.
Payable only if (1) we audit you because
you have failed to submit required reports
or other non-compliance, or (2) the audit
concludes that you under-reported gross
sales b
Payable only if we conduct an inspection
of your business because of a
governmental report, customer complaint
or other customer feedback, or your
default or non-compliance with any
system specification.

Source: Item 6 — Other Fees (FDD pages 7–10)

What This Means (2024 FDD)

According to Endless Summer Sweets's 2024 Franchise Disclosure Document, the franchisor may charge franchisees their actual costs in several specific situations. These costs are payable if Endless Summer Sweets incurs costs, including reasonable attorney fees, while attempting to collect amounts the franchisee owes them. Additionally, if Endless Summer Sweets provides in-person support at a franchisee's request, they may charge their actual costs plus any out-of-pocket expenses, such as travel, lodging, and meals for employees providing onsite support.

Endless Summer Sweets may also take action to resolve a customer complaint about a franchisee's business and require the franchisee to reimburse them for their expenses. Furthermore, franchisees may be responsible for covering the franchisor's actual costs if an audit is conducted due to the franchisee's failure to submit required reports or other non-compliance, or if the audit reveals that the franchisee under-reported gross sales.

Finally, Endless Summer Sweets may charge its actual costs if they conduct an inspection of the franchisee's business due to a governmental report, customer complaint or other customer feedback, or the franchisee's default or non-compliance with any system specification. These provisions highlight the importance of franchisees maintaining compliance with the franchise agreement and system standards to avoid incurring additional costs.

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.