Is compliance with the Teacher's Manual mandatory for Gokhale Method franchisees?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
u to do so. Included in our Confidential Information are the Teachers' Manual; teaching scripts and Policy Statements; the information, know-how and techniques that we have imparted to you; proprietary software; and any other information we have provided to you that is not available to the general public.
- 10.4. Changes and Revisions. We may from time to time revise the contents of the Teachers' Manual, Policy Statements, scripts and any other teaching methods or content, and you expressly agree to comply with each new or changed standard.
- 10.5. Irreparable injury. You acknowledge that any failure to comply with the requirements of this Section 10 will cause us irreparable injury, and you agree to pay all court costs and reasonable attorneys' fees incurred by us in obtaining specific performance of, or an injunction against violation of, the requirements of this Section 10, or such other relief sought by us.
- 10.6. Ideas and Concepts. If you develop any ideas, concepts, methods, techniques or materials of improving posture, reducing back pain, improving physical well-being or that otherwise relate to the Gokhale Method ("Ideas and Concepts") during the Term of this Agreement, you agree to disclose those Ideas and Concepts to us and that we may use them, in our discretion, in improving or modifying the Gokhale Method, offer them to our Affiliates, other Franchisees or business partners without the need to obtain any prior approval from you, nor without any compensation to you.
11. ACCOUNTING AND RECORDS
- 11.1. Sales and Student Records. You shall create, record and maintain such information on sales and students as we designate in the Teachers' Manual (the "Records"). You agree to maintain such Records during the Term of this Agreement and for two years thereafter. We may request you to provide us with copies of Records at our discretion, and you agree to provide us with such Records. You shall comply with all the requirements in the Teachers' Manual relating to registering students and maintaining their records via the prescribed Franchisor system.
- 11.2. Other Reports. Upon our written request you shall, at your expense, submit to us within 10 days and in the form we prescribe, reports such as financial statements and other data, including tax returns.
11.3. Inspection and Audit. We shall have the right at any time during regular business hours to examine, copy, and/or personally review at our expense, your books, records, accounts, and tax returns. We shall have the right at all reasonable times to remove such books, records, accounts and tax returns for copying. We shall also have the right, at any time, to have an independent audit made of your books and records.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, franchisees must comply with the Teacher's Manual. The Teacher's Manual contains vital information, teaching scripts, and policy statements that are considered confidential. Gokhale Method may revise the contents of the Teacher's Manual, policy statements, scripts, and any other teaching methods, and the franchisee must comply with each new or changed standard.
The Franchise Agreement states that every detail of the Gokhale Method system and the franchised business is important for delivering a high-quality service and product. Franchisees must comply with Gokhale Method's operating standards as expressed in the Franchise Agreement, the Teacher's Manual, and in Policy Statements. Failure to maintain operating standards could result in suspension of the franchisee's right to teach or termination of the Franchise Agreement.
Furthermore, franchisees must create, record, and maintain information on sales and students as designated in the Teacher's Manual. Franchisees must also comply with all requirements in the Teacher's Manual relating to registering students and maintaining their records via the prescribed Gokhale Method system. Franchisees are also required to purchase designated equipment, materials, products, supplies, and services from approved suppliers as specified in the Teacher's Manual and Policy Statements.