factual

Under what conditions can the Extreme Art Studio agreement be changed or modified?

Extreme_Art_Studio Franchise · 2024 FDD

Answer from 2024 FDD Document

1.7 MODIFICATION OF SYSTEM. Because complete and detailed uniformity under many varying conditions might not be possible or practical, you acknowledge that we specifically reserve the right and privilege, as we consider being best, in our sole opinion, to vary System Standards (as defined in Section 4.2) for any franchise owner based upon the peculiarities of any condition that we consider important to that franchise owner's successful operation. We may choose not to authorize similar variations or accommodations to you or other franchise owners.

2.3 COMPUTER SYSTEM.

  • 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.
  • 9.5.6 If you wish to advertise online, you must follow our online policy, which is contained in our Franchise Operations Manual.

Our online policy may change as technology and the Internet changes.

Under our online policy, we may retain the sole right to market on the Internet, including all use of websites, domain names, advertising and co-branding arrangements.

We may restrict your use of social media.

We may not allow you to independently market on the Internet, or use any domain name, address, locator, link, metatag or search technique with words or symbols similar to the Marks.

Source: Item 22 — CONTRACTS (FDD page 49)

What This Means (2024 FDD)

According to the 2024 Extreme Art Studio Franchise Disclosure Document, Extreme Art Studio retains the right to modify System Standards for any franchise owner. This modification is based on conditions that Extreme Art Studio considers important to the franchise owner's successful operation. However, Extreme Art Studio is not obligated to offer similar modifications to other franchise owners.

Specifically, Extreme Art Studio may modify the specifications and components of the Computer System that franchisees are required to use. Franchisees must implement these modifications within 30 days of receiving notice, which may involve purchasing, leasing, or licensing new hardware or software. Franchisees are also responsible for paying for any additional or replacement proprietary software or technology licensed by Extreme Art Studio or a third party.

Additionally, Extreme Art Studio's online policy, which is contained in the Franchise Operations Manual, may change as technology and the Internet evolve. Under this policy, Extreme Art Studio may retain the sole right to market on the Internet, including the use of websites, domain names, advertising, and co-branding arrangements. They may also restrict a franchisee's use of social media and may not allow independent marketing on the Internet or the use of domain names similar to the Marks without approval. These changes to the online policy can occur at any time during the franchise agreement.

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.