What functions must the designated computer software manage for an Extreme Art Studio Business?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.3.1 You must obtain and use the computer hardware and software that we designate ("Computer System") for each of your Extreme Art Studio Businesses. Without limiting the foregoing, you must use the computer software we designate to manage the daily workflow of the Extreme Art Studio Business; coordinate the customer ordering experience; track inventory, labor, and payroll; and collect information about students and their parents, prices, sales, and other information. We may modify specifications for and components of the Computer System from time to time, and you agree to implement our modifications within 30 days after you receive notice from us, which may include purchasing, leasing, and/or licensing new or modified computer hardware and/or software, and obtaining service and support for the Computer System. You acknowledge and agree that changes to technology are dynamic and not predictable within the term of this Franchise Agreement. In order to provide for the inevitable but unpredictable changes to technological needs and opportunities, you agree that we will have the right to establish, in writing, reasonable new standards for the implementation of technology. You must also pay for any additional or replacement proprietary software or technology that we, our affiliates, or a third-party designee licenses to you, and for other maintenance and support services that we, our affiliates, or a third-party designee provides during this Franchise Agreement's term. Although we cannot estimate the future costs of the Computer System or required service or support, and although these costs might not be fully amortizable over this Franchise Agreement's remaining term, you agree to incur the costs of obtaining the computer hardware and software comprising the Computer System (or additions and modifications) and required service or support.
- 2.3.2 You agree to obtain the Computer System components that we designate, and to ensure that your Computer System, as modified, is functioning properly. You agree that we or our affiliates may condition the license of any additional or replacement proprietary software to you, or your use of additional technology that we or our affiliates develop or maintain, on your signing the form of license agreement or similar document that we or our affiliates prescribe at such time to regulate your use of, and our and your respective rights and responsibilities with respect to, such additional or replacement software or technology. You acknowledge and agree that the Computer
System we designate may give us and our affiliates independent, unlimited access to all information relating to the Franchised Business generated by the Computer System, including, but not limited to, customer, price maintenance and payroll information. At our request, you agree to sign a release with any vendor of your Computer System providing us with unlimited access to your data. You also agree to provide us with access to the WordPress, Class Registration Software, Database Management Software and cameras used in your Extreme Art Studio Business.
2.3.3 You will pay us or our affiliate a Technology Fee (as set forth in Section 3.4) for use of any software or other technology that we (or our affiliates) license or provide to you. Despite the fact that you agree to buy, license, use, and maintain the Computer System according to our standards and specifications, you will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, and upgrading of the Computer System; (2) your connectivity to the Computer System at all times; and (3) any and all consequences if the Computer System is not properly operated, maintained, and upgraded.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to Extreme Art Studio's 2024 Franchise Disclosure Document, franchisees must use designated computer software to manage several key functions of their business. This includes managing the daily workflow, coordinating the customer ordering experience, and tracking inventory, labor, and payroll. Additionally, the software is used to collect information about students and their parents, as well as data related to prices and sales.
Extreme Art Studio retains the right to modify the specifications and components of the computer system, and franchisees are obligated to implement these changes within 30 days of receiving notice. This may involve purchasing, leasing, or licensing new or modified hardware or software, as well as obtaining necessary service and support. Franchisees acknowledge that technological changes are dynamic and unpredictable, and they must agree to adhere to new technology standards set by Extreme Art Studio.
Furthermore, Extreme Art Studio and its affiliates may have independent, unlimited access to all information generated by the computer system, including customer, price maintenance, and payroll data. Franchisees must also provide access to their WordPress, Class Registration Software, Database Management Software, and cameras used in their Extreme Art Studio Business. Franchisees are also responsible for the acquisition, operation, maintenance, and upgrading of the computer system, as well as ensuring continuous connectivity and addressing any consequences resulting from improper operation or maintenance.