factual

What are the responsibilities of Extreme Art Studio franchisees to the franchisor?

Extreme_Art_Studio Franchise · 2024 FDD

Answer from 2024 FDD Document

providing you a refund.

Although we will consult with you on your site for your Studio, assist you in finding an acceptable location, and require that your site for your Studio be subject to our final authorization, you have the ultimate responsibility in choosing, obtaining, and developing the site for your Studio. You are responsible for conforming the premises to local ordinances and building codes, obtaining the required permits, and constructing, remodeling and decorating the premises. We will not provide assistance for any of these franchisee obligations.

Schedule for Opening

You must begin offering services from the Studio within 12 months of signing the Franchise Agreement. Factors that affect this length of time include securing any necessary financing; selecting the Studio site; negotiating the lease; obtaining necessary permits; completing leasehold improvements; delivery of equipment, inventory and supplies; completing our initial training program; and hiring and training employees, If you fail to open your Extreme Art Studio Business within 12 months of signing the Franchise Agreement or Extreme Art Rider, we may terminate your Franchise Agreement (without providing you a refund) or you will be required to pay us an "Opening Extension Fee" of $1,000 per month until you open or until the Franchise Agreement is terminated.

You may not open your Extreme Art Studio Business until: (1) we notify you in writing that all of your pre-opening obligations have been fulfilled; (2) you have completed the initial training program to our satisfaction and have commenced the on-site assistance program; (3) all amounts due to us have been paid; (4) we have been furnished with copies of all insurance policies and certificates required by the Franchise Agreement, or other documentation of insurance coverage and payment of premiums that we request; (5) you notify us that all approvals and conditions set forth in the Franchise Agreement have been met; (6) you have received all required permits and licenses; and (7) you have ordered, received and installed your equipment, supplies, inventory and computer system. You must be prepared to begin operating your Extreme Art Studio Business after we state that your Extreme Art Studio Business is ready for opening.

Continuing Obligations

During the operation of your Extreme Art Studio Business, we (or our designee(s)) will provide the following assistance and services to you:

  1. Advise you regarding the Extreme Art Studio Business operation based on your reports and our inspections. We also will guide you on standards, specifications, and operating procedures and methods that Extreme Art Studio Businesses use; customer service standards and policies; amounts and types of classes to be offered; required purchases and authorized operating assets and other items and arranging for their distribution to you from us or the suppliers; advertising and marketing materials and programs; and administrative, bookkeeping, accounting, and inventory control procedures. We will guide you through the Franchise Operations Manual, in bulletins, or other written materials, through the use of

electronic media, telephone conferences, and/or meetings at our offices or at your Studio or other designated location in your territory (See Franchise Agreement – Sections 4.2 and 8).

    1. Continue to loan to you or make available to you on our website or extranet, one copy of the Franchise Operations Manual (See Franchise Agreement – Section 4.3).
    1. Issue and modify System Standards for Extreme Art Studio Businesses. We may periodically modify System Standards, and those modifications may require you to invest additional capital in the Extreme Art Studio Business and/or incur higher operating expenses (See Franchise Agreement – Section 8.9).
    1. License to you for your use, confidential and proprietary information designed to assist you in the operation of the Extreme Art Studio Business (See Franchise Agreement – Sections 5 and 6).
    1. Allow you to continue to use confidential materials, including the Franchise Operations Manual and the Marks (See Franchise Agreement – Sections 4.3, 5 and 6).
    1. Maintain and administer one or more websites to advertise, market and promote Extreme Art Studio Businesses and the products and services offered (each a "System Website") (See Franchise Agreement – Section 9.5).
    1. Review requests for approval of additional items, services and/or suppliers, and notify you of our decision (See Franchise Agreement – Section 8.3).
    1. Review samples of all marketing materials and other materials bearing our Marks you submit to us for approval and notify you of our decision (See Franchise Agreement – Section 9.2).

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 27–37)

What This Means (2024 FDD)

According to the 2024 Extreme Art Studio FDD, franchisees have several responsibilities to the franchisor. These responsibilities span from pre-opening obligations to ongoing operational requirements. Before opening, franchisees are ultimately responsible for choosing, obtaining, and developing the site for their Studio, even though Extreme Art Studio will consult on the site and assist in finding an acceptable location. This includes conforming to local ordinances and building codes, obtaining required permits, and handling construction, remodeling, and decorating. Franchisees must begin offering services within 12 months of signing the Franchise Agreement; failure to do so may result in termination of the agreement or a fee of $1,000 per month until the Studio opens. Franchisees must also meet several conditions before opening, including fulfilling pre-opening obligations, completing initial training, paying all due amounts, providing copies of insurance policies, meeting all conditions in the Franchise Agreement, receiving required permits and licenses, and installing all necessary equipment and systems.

During operation, franchisees must contribute to the Brand Fund, paying one percent (1%) of their Gross Sales. They may also be required to participate in local or regional advertising cooperatives, contributing 0.5% to 1% of Gross Sales as determined by the cooperative members. Franchisees are also required to execute a Grand Opening Marketing Program, spending between $5,000 and $10,000, which must be approved by Extreme Art Studio.

Extreme Art Studio also requires franchisees to adhere to approved plans and specifications for construction and to use approved suppliers for inventory and supplies. Franchisees must also follow the Franchise Operations Manual, which includes guidelines and standards for operating the business. These responsibilities ensure that all Extreme Art Studio locations maintain consistent standards and contribute to the overall brand image and success of the franchise system.

It is important to note that Extreme Art Studio may modify the System, including adopting new trade names, trademarks, products, equipment, or techniques, which franchisees would be expected to implement. While Extreme Art Studio may offer optional assistance, such as periodic visits and consultations, these are not guaranteed and may require reimbursement of expenses. Franchisees should carefully review the Franchise Agreement and Franchise Operations Manual to fully understand their obligations and the franchisor's expectations.

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.