How are maintenance and repairs handled for Itan's property and equipment?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
jeure event. We and our affiliates make no warranties or representations and expressly disclaim all warranties and representations, including the implied warranties of merchantability and fitness for a particular purpose, with respect to goods or services you purchase from system suppliers.
11.8. Equipment Maintenance & Changes. You must maintain your equipment in good condition and promptly replace or repair equipment that is damaged, worn-out or obsolete. We may require that you change your equipment. Our right to require these changes is critical to our ability to administer and change the System and you must comply with these changes within the time period we reasonably specify.
11.9. Technology Systems.
- (a) Generally. You must acquire and utilize all Technology Systems we require from time to time. Technology Systems may relate to matters such as: purchasing; pricing; accounting; order entry; inventory control; security; data storage, retrieval and transmission; client information; client loyalty; marketing; communications; copying, printing and scanning; or any other business purpose we deem appropriate. We may require that you acquire new or substitute Technology Systems and/or replace, upgrade or update existing Technology Systems at your expense upon reasonable prior notice. You are solely responsible for: (i) the acquisition, operation, maintenance, updating and upgrading of your Technology Systems; (ii) the manner in which your Technology Systems integrate and interface with our computer system and those of third parties; and (iii) any consequences resulting from improper use or operation, or failure to properly maintain, update or upgrade, Technology Systems.
- (b) Use and Access. You must use Technology Systems in accordance with the Manual and comply with all associated data entry policies. You may not load or permit any unauthorized programs or games on your Technology Systems. You must ensure your employees are adequately trained in the use of the Technology Systems. You agree to take all steps necessary to provide us with independent and unlimited access to data collected by or through your Technology Systems, including Gross Sales data for purposes of calculating fees owed. Upon request, including upon termination or expiration of this Agreement, you must provide us with user IDs and passwords for your Technology Systems.
- (c) Disruptions. You are solely responsible for protecting against computer viruses, bugs, power disruptions, communication line disruptions, internet access failures, internet content failures, date-related problems and attacks by unauthorized Persons.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining their equipment in good condition. This includes promptly replacing or repairing any equipment that is damaged, worn out, or obsolete. Itan also retains the right to require franchisees to change their equipment as part of administering and changing the Itan system. Franchisees must comply with these changes within a reasonable timeframe specified by Itan.
Itan franchisees are also required to acquire and utilize all Technology Systems that Itan requires. These systems can relate to various aspects of the business, such as purchasing, pricing, accounting, inventory control, security, client information, marketing, and communications. Itan may also require franchisees to acquire new or substitute Technology Systems, or to replace, upgrade, or update existing systems, all at the franchisee's expense, with reasonable prior notice.
The franchisee is solely responsible for the acquisition, operation, maintenance, updating, and upgrading of their Technology Systems. This also includes ensuring that these systems properly integrate and interface with Itan's computer system and those of third parties. Any consequences resulting from improper use, operation, or failure to maintain, update, or upgrade the Technology Systems are the franchisee's responsibility. Franchisees must use the Technology Systems in accordance with Itan's manual and comply with all associated data entry policies, and they are prohibited from loading unauthorized programs or games on these systems.
If a franchisee has a claim relating to the purchase of goods or services from a system supplier, their sole recourse is against that supplier. If Itan or its affiliate is the supplier, the franchisee's recourse is against the original manufacturer or supplier, unless the claim arises from Itan's failure to supply the goods in breach of the franchise agreement and this failure was not caused by a Force Majeure event. Itan disclaims all warranties and representations, including implied warranties of merchantability and fitness for a particular purpose, regarding goods or services purchased from system suppliers.