What compliance specifications must Hck Hot Chicken franchisees adhere to regarding payment methods?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
4.10 Payment Methods and Frequencies. Franchisor has the right to periodically specify (in the HCK Hot Chicken Brand Standards Manual or otherwise in writing) different payees, payment frequencies and/or payment methods, such as, but not limited to, weekly/biweekly/monthly payment, payment by auto-draft, credit card and payment by check upon 30 days' written notice to Franchisee.
- 7.3.5 Franchisor requires that the Restaurant comply with "EMV" and may require that the Restaurant comply with other standards for credit card usage.
The Restaurant must have at least two EMV terminals.
Franchisee is required to pay Franchisor's vendors their then-current monthly fee for obtaining software for each EMV terminal.
Franchisor may require that Franchisee install additional payment terminals or automated teller machines for use with such credit cards.
Franchisee shall pay the costs of any terminals, software, hardware, or other components necessary to comply with these requirements, and Franchisor reserves the right to require that Franchisee pay any such costs to Franchisor.
- 7.3.6 Franchisee shall participate in accordance with Franchisor's policies and specifications, including those set forth in the HCK Hot Chicken Brand Standards Manual, in all types of ordering systems, specified by Franchisor, including online and mobile application programs.
Franchisee will cooperate in all respects to implement, support, and maintain such systems, including providing Franchisor and its representatives with access to Franchisee's banking accounts.
Franchisee is obligated to participate in Franchisor's gift and loyalty card program. At Franchisor's discretion, gift and loyalty cards will be made available by Franchisee for purchase and redemption at the Restaurant.
7.16 Online Ordering. Franchisee shall participate in customer online ordering and/or payment systems and programs which Franchisor may establish and modify from time to time.
7.17 Privacy. Franchisee agrees to comply with all applicable laws pertaining to the privacy of customer, employee, and transactional information ("Privacy Laws"). Franchisee also agrees to comply with Franchisor's standards and policies pertaining to Privacy Laws. If there is a conflict between Franchisor's standards and policies pertaining to Privacy Laws and actual applicable law, Franchisee will: (a) comply with the requirements of applicable law; (b) immediately give Franchisor written notice of said conflict; and (c) promptly and fully cooperate with Franchisor and Franchisor's counsel in determining the most effective way, if any, to meet Franchisor's standards and policies pertaining to Privacy Laws within the bounds of applicable law. Franchisee agrees not to publish, disseminate, implement, revise, or rescind a data privacy policy without Franchisor's prior written consent as to said policy.
4.6.1 Franchisee, at Franchisee's sole cost and expense, shall instruct its bank to paythe amount of its Continuing Royalty, Brand Fund Contribution and other fees directly to Franchisor from Franchisee's account, by electronic funds transfer or such other automatic payment mechanism which Franchisor may designate ("EFT") and upon the terms and conditions set forth in the HCK Hot Chicken Brand Standards Manual, and promptly upon Franchisor's request, Franchisee shall execute or re-execute and deliver to Franchisor such pre-authorized check forms and other instruments or drafts required by Franchisor's bank, payable against Franchisee's bank account, to enable Franchisor to draw Franchisee's Continuing Royalty, Brand Fund Contributions and other sums payable under the terms of this Agreement. Franchisee must at all times during the term of this Agreement (including any renewal terms) maintain at least one credit card account in good standing and with a minimum available credit line of $10,000.00 and complete the credit card authorization form which allows Franchisor to charge the credit card for any past due amounts owed to Franchisor or an approved supplier in the event an EFT payment is unsuccessful. If any check, draft, electronic transfer, or otherwise is unpaid because of insufficient funds or otherwise, then Franchisee shall also pay Franchisor a fee of $100 per occurrence or the highest amount allowed by law, whichever is less.
- 7.4 HCK Hot Chicken Brand Standards Manual.
Franchisee shall participate in the System and operate the Franchised Restaurant in strict compliance with the standard procedures, policies, rules, and regulations established by Franchisor and incorporated in the HCK Hot Chicken Brand Standards Manual.
Franchisor will provide Franchisee with electronic access to the HCK Hot Chicken Brand Standards Manual, including bulletins and updates to use during the term of this Agreement.
- 7.4.2 Franchisor shall have the right to modify the HCK Hot Chicken Brand Standards Manual at any time and from time to time; provided, that no such modification shall alter Franchisee's fundamental status and rights under this Agreement.
Modifications in the HCK Hot Chicken Brand Standards Manual shall become effective upon delivery of written or electronic notice thereof to Franchisee unless a longer period is specified in such written notice or unless a longer period is set forth in this Agreement.
- 7.14.5 If Franchisor has enabled the Intranet to facilitate Franchisee ordering goods and products from Franchisor and other vendors, then to the maximum extent possible, Franchisee shall order and purchase through the Intranet all good and products available for purchase through the Intranet.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, franchisees must adhere to specific payment method compliance standards. Hck Hot Chicken may periodically specify different payees, payment frequencies, and payment methods, such as weekly, biweekly, or monthly payments, via auto-draft, credit card, or check, provided they give 30 days' written notice. Franchisees are also required to comply with EMV standards and may be required to adhere to other credit card usage standards, maintaining at least two EMV terminals and covering the costs for the necessary software. Hck Hot Chicken may also require additional payment terminals or ATMs, with the franchisee bearing the costs for all related hardware and software.
Franchisees must participate in all ordering systems specified by Hck Hot Chicken, including online and mobile application programs, and cooperate in implementing and maintaining these systems, including granting access to their banking accounts. They are obligated to participate in Hck Hot Chicken's gift and loyalty card program and customer online ordering and payment systems. Franchisees must also comply with all applicable privacy laws and Hck Hot Chicken's standards and policies related to these laws, refraining from publishing or revising any data privacy policy without prior written consent from Hck Hot Chicken.
Furthermore, franchisees are required to use electronic funds transfer (EFT) for payments of continuing royalties, brand fund contributions, and other fees, following the terms in the Hck Hot Chicken Brand Standards Manual. They must maintain a credit card account in good standing with a minimum credit line of $10,000 and authorize Hck Hot Chicken to charge the card for any past-due amounts if an EFT payment fails. Franchisees must maintain a single bank account for these payments with a minimum balance as specified by Hck Hot Chicken, and cannot alter or close the account without prior written approval. Failure to comply with the EFT system is considered a material default of the franchise agreement. If any payment is unpaid due to insufficient funds, the franchisee will pay Hck Hot Chicken a fee of $100 or the highest amount allowed by law, whichever is less.
These regulations are further detailed in the Hck Hot Chicken Brand Standards Manual, which franchisees must strictly adhere to. Hck Hot Chicken has the right to modify the Brand Standards Manual at any time, with modifications becoming effective upon written or electronic notice. The Brand Standards Manual remains Hck Hot Chicken's property and must be returned upon termination or expiration of the franchise agreement. Franchisees are also expected to use the Intranet for communication and potentially for ordering goods and products, subject to Hck Hot Chicken's standards and specifications.