If a Hyper Kidz franchisee wants to purchase from an unapproved supplier, what must they do?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
11.3.1 The reputation and goodwill of Hyper Kidz Businesses is based upon and can be maintained only by the sale of distinctive, high quality Products and the presentation and packaging of such Products in an efficient and appealing manner. We have developed standards and specifications for the Products, materials and supplies incorporated in or used in the delivery of our Approved Products and Services authorized for sale at Hyper Kidz Businesses. We have and will periodically approve suppliers and distributors of the foregoing Products that meet our standards and requirements including, without limitation, standards and requirements relating to quality, prices, consistency, reliability, financial capability, labor relations and customer relations. You agree that the Hyper Kidz Business will: (a) purchase the Products only from designated suppliers and sell such Products; and (b) purchase from distributors and other suppliers approved by us all other goods, materials and supplies used in the preparation or sale of Products, and equipment, forms, paper and plastic products, packaging or other materials that meet our standards and specifications for the same. We may from time to time modify the list of approved brands and/or suppliers and you shall not, after receipt in writing of such modification, reorder any brand from any supplier which is no longer approved.
11.3.2 We may approve a single distributor or other supplier for any Product and may approve a distributor or other supplier only as to certain Products. We may concentrate purchases with one (1) or more distributors or suppliers to obtain lower prices and/or the best advertising support and/or services for any group of Hyper Kidz Businesses, whether franchised or operated by us. Approval of a distributor or other supplier may be conditioned on requirements relating to the frequency of delivery, standards of service, prompt attention to complaints, or other criteria and concentration of purchases as set forth above and may be temporary pending a further evaluation of such distributor or other supplier by us.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, franchisees must purchase products only from designated suppliers and other goods, materials, and supplies from distributors and suppliers approved by Hyper Kidz. To maintain the brand's reputation, Hyper Kidz has developed standards and specifications for products, materials, and supplies used in the delivery of approved products and services.
Hyper Kidz periodically approves suppliers and distributors that meet their standards, including those related to quality, prices, consistency, reliability, financial capability, labor relations, and customer relations. Franchisees are required to adhere to the list of approved brands and suppliers and must not reorder from any supplier that is no longer approved after receiving written notification of such modification.
Hyper Kidz may approve a single distributor for any product and may approve a distributor only for certain products. Approval of a distributor may be conditioned on requirements relating to the frequency of delivery, standards of service, prompt attention to complaints, or other criteria and concentration of purchases and may be temporary pending further evaluation. The purpose of these requirements is to ensure quality and consistency across all Hyper Kidz locations.