Can Exit Realty Upper Midwest modify the manuals related to the franchise?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
| l. | EXIT Realty Upper Midwest's approval of transfer by Franchisee | 18 | EXIT Realty Upper Midwest has the right to approve all transfers but will not unreasonably withhold approval. |
|---|---|---|---|
| m. | Conditions for EXIT Realty Upper Midwest approval of transfer | 18 | New Franchisee qualifies, transfer fee (10% of the then current initial franchise fee, not to exceed 25% of the Initial Franchise fee paid) paid, purchase agreement approved, training arranged, Assignment signed and current Franchise Agreement signed by new Franchisor or Franchisee (also see the non-competition section below). |
| n. | EXIT Realty Upper Midwest's right of first refusal to acquire your business | Not Applicable | |
| o. | EXIT Realty Upper Midwest's option to purchase your business | Not Applicable | |
| p. | Your death or disability | 16 | Treated as a non-curable breach. See Section 18.4 for transferability provisions. |
| q. | Non-competition covenants during the term of the Franchise | 21 | Subject to state law, no involvement in competing business without Subfranchisor's prior written consent. |
| r. | Non-competition covenants after the Franchise is terminated or expires. | 21 | Subject to state law, no competing business similar to EXIT for 1 year within the area licensed by us from EXIT. |
| s. | Modification of the Agreement | 28 | Fees are subject to change by Franchisor. The Manuals are subject to change. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 27–31)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, Exit Realty Upper Midwest has the ability to modify the franchise's manuals. Specifically, Item 17(s) of the FDD states that "The Manuals are subject to change." This means that as a franchisee, you must stay updated on any changes to the manuals, as they govern the operations and standards of the franchise.
This clause gives Exit Realty Upper Midwest the flexibility to adapt its operating procedures, standards, and policies as needed. These changes could be due to evolving market conditions, changes in regulations, or improvements in business practices. Franchisees are expected to adhere to these changes, and failure to do so could potentially result in non-compliance with the franchise agreement.
Prospective franchisees should inquire about the frequency and nature of changes made to the manuals, as well as the process by which these changes are communicated. Understanding the scope and impact of potential modifications is crucial for assessing the stability and predictability of the franchise system. It is also important to determine how Exit ensures that franchisees are properly trained and supported in implementing these changes.