Who is responsible for the consequences if the Computer Equipment is not properly operated, maintained, and upgraded for a Mr. Sandless franchise?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the fact that you must buy, use and maintain the Computer Equipment under our standards and specifications, you will have the sole and complete responsibility for: (1) the acquisition, operation, maintenance and upgrading of the Computer Equipment; and (2) any and all consequences that may arise if the Computer Equipment is not properly operated, maintained and upgraded, and/or we are not provided with access to the Computer Equipment as we require.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the franchisee bears the responsibility for the proper operation, maintenance, and upgrading of the Computer Equipment used in their business. Despite Mr. Sandless mandating the type of computer equipment franchisees must use and setting the standards and specifications for it, the franchisee is solely responsible for any consequences arising from the equipment's improper operation, maintenance, or lack of necessary upgrades. This also includes responsibility if Mr. Sandless is not provided with the required access to the Computer Equipment.
This means that if the computer systems or hardware that Mr. Sandless requires a franchisee to use malfunctions, becomes outdated, or is not properly cared for, the franchisee will be held accountable for any resulting issues. These issues could range from data loss and operational inefficiencies to non-compliance with Mr. Sandless's system standards. The franchisee is also responsible for granting Mr. Sandless access to the computer equipment.
This allocation of responsibility highlights the importance of a Mr. Sandless franchisee's understanding of and investment in reliable IT support. Franchisees need to ensure they have the resources to maintain and upgrade their computer systems as required by Mr. Sandless. Furthermore, the franchisee is responsible for providing Mr. Sandless with access to the computer equipment. This includes understanding the potential costs associated with these requirements.
Prospective Mr. Sandless franchisees should carefully consider these obligations and factor in the potential costs of maintaining and upgrading the required computer equipment. They should also clarify with Mr. Sandless the specific standards, upgrade schedules, and access protocols for the Computer Equipment to fully understand their responsibilities and potential liabilities.