What is the Gokhale Method franchisee's obligation regarding Policy Statements upon termination?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
the Marks.
To those ends, you agree to comply with our operating standards as expressed in this Agreement, the Teacher's Manual, and in Policy Statements. You understand that we have the right to suspend your right to teach, or that we may terminate this Agreement, if you fail to maintain our Operating Standards. You agree that you will not teach, administer, advise or represent any method, healing regimen or protocol, or any other activity that is not part of the Gokhale System as being part of the Gokhale System or Gokhale Method unless it has previously been approved by us in writing for your use as such.
8.2. Approved Formats. You agree to sell, offer for sale and deliver to students only the Gokhale System in Approved Formats and any related classes, services and products as have been expressly approved in writing by us and for which you have been qualified; to refrain from any deviation from our standards
and specifications without our prior written consent; and to discontinue selling and offering for sale any Gokhale Method branded class, service, product, merchandise, and equipment which we may, in our discretion, disapprove in writing at any time.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, franchisees must adhere to operating standards as outlined in the Franchise Agreement, the Teacher's Manual, and in Policy Statements. These standards are crucial for maintaining service quality, increasing demand for Gokhale Method products, and protecting the brand's reputation. Failure to comply with these operating standards can result in suspension of teaching rights or termination of the Franchise Agreement.
Specifically, franchisees must not teach or represent any method or activity outside the Gokhale System as being part of it unless approved in writing by Gokhale Method. Franchisees are also required to sell and deliver the Gokhale System only in approved formats and must discontinue selling any class, service, product, or merchandise that Gokhale Method disapproves of in writing.
While the FDD excerpt details the importance of adhering to Policy Statements during the franchise term, it does not explicitly state the franchisee's obligations regarding Policy Statements upon termination or expiration of the agreement. The document outlines general obligations upon termination, such as ceasing operations, discontinuing the use of confidential information and marks, and canceling registrations, but it does not directly address the handling of Policy Statements post-termination.
Therefore, a prospective Gokhale Method franchisee should seek clarification from the franchisor regarding any specific requirements or restrictions related to Policy Statements after the termination or expiration of the Franchise Agreement. This would include understanding whether there are any ongoing confidentiality obligations or restrictions on using information contained in Policy Statements.