Can Kitchen Solvers modify the 'System' as defined in the franchise agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. "System" means the KITCHEN SOLVERS System, which consists of the operation of a KITCHEN SOLVERS Business using distinctive and proprietary products and services under our Trademarks and utilizing certain distinctive types of supplies, services, measuring and installation
methods and procedures, and marketing programs, all of which we may modify and change from time to time.
- D. Operating Procedures. The Kitchen Solvers Business System Online Manuals contain both requirements and recommendations for the operation of a KITCHEN SOLVERS Business. You must adopt and use the required standards, procedures, techniques and systems described in the Kitchen Solvers Business System Online Manual. We will revise the Kitchen Solvers Business System Online Manual and their standards, procedures, techniques and systems periodically to meet changing conditions of operation in the best interest of all businesses operating under the Trademarks.
F. Innovations. You must promptly disclose to us all ideas, concepts, procedures, techniques or processes concerning the KITCHEN SOLVERS Business, whether or not protectable intellectual property and whether created by or for you or your owners or employees ("Innovations"). Innovations are our sole and exclusive property, part of the system, and works made-for-hire for us. If any Innovation does not qualify as a work made-for-hire for us, you hereby assign ownership of that Innovation, and all related rights to that Innovation, to us and you must sign (and cause your owners, employees and contractors to sign) whatever assignment or other documents we request to evidence our ownership or to help us obtain intellectual property rights in the Innovation. We and our affiliates have no obligation to make any payments to you or any other person for any Innovations. You may not use any Innovation in operating the Business or otherwise without our prior approval.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers retains the right to modify and change the 'System' from time to time. The 'System' is defined as the method of operating a Kitchen Solvers Business using proprietary products and services under their Trademarks. This includes utilizing specific supplies, services, measuring and installation methods and procedures, and marketing programs.
This means that Kitchen Solvers franchisees must adapt to changes Kitchen Solvers makes to its operating procedures, product offerings, and marketing strategies. These changes are intended to meet evolving market conditions and improve the overall performance of the Kitchen Solvers franchise system. The Kitchen Solvers Business System Online Manuals contain requirements and recommendations for operating a Kitchen Solvers business, and these manuals will be revised periodically.
For a prospective franchisee, this indicates a need to be flexible and willing to implement changes as directed by Kitchen Solvers. While such changes aim to benefit the entire franchise network, franchisees should be prepared for potential costs associated with adapting to new procedures, purchasing new equipment, or participating in new marketing programs. Franchisees are required to adopt and use the standards, procedures, techniques, and systems described in the Kitchen Solvers Business System Online Manual.
Furthermore, franchisees are obligated to disclose any innovations they develop related to the Kitchen Solvers Business, and these innovations become the sole property of Kitchen Solvers. This clause emphasizes that Kitchen Solvers maintains control over the System and its evolution, requiring franchisees to contribute to the System's improvement without direct compensation.