factual

Does the Mrcool Franchise Agreement allow the Franchisor to modify the operating procedures of the System?

Mrcool Franchise · 2025 FDD

Answer from 2025 FDD Document

WHEREAS, the System and, therefore, each Center, is identified by the Licensed Marks and distinctive trade dress, service offerings, business formats, equipment, products, supplies, operating procedures, programs, methods, procedures, and marketing and advertising standards, all of which are part of the System and all of which Franchisor may modify from time to time;

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Franchisor shall provide Franchisee with access to the Operations Manual. The Operations Manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards and operating procedures that Franchisor prescribes for MRCOOL Centers. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual as, such standards, specifications, and requirements including, but not limited to, the Approved Services and Products, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement, and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the Operations Manual and, shall keep and maintain all files, data and information contained in the Operations Manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor.

Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the Operations Manual and, such notice may take form of electronic communications including emails and, if the Operations Manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the Operations Manual. Without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products and utilize the System Supplies as designated by Franchisor, in Franchisor's Reasonable Business Judgment, in the Operations Manual and, in accordance with the terms, specifications and requirements set forth in the Operations Manual and as Franchisor may supplement and modify the Operations Manual from time to time or, as Franchisor may otherwise designate in writing.

Source: Item 23 — RECEIPTS (FDD pages 55–263)

What This Means (2025 FDD)

According to Mrcool's 2025 Franchise Disclosure Document, Mrcool retains the right to modify the operating procedures for its franchise system. The FDD states that the Mrcool franchise system includes operating procedures, and Mrcool may modify all parts of the system from time to time. Mrcool provides franchisees with access to an Operations Manual that contains mandatory and suggested specifications, standards, and operating procedures for Mrcool Centers.

The franchisee is required to operate their Mrcool business in strict accordance with the standards, specifications, and requirements outlined in the Operations Manual. These standards include, but are not limited to, approved services and products, system supplies, and authorized and designated suppliers. Mrcool retains the right to supplement, modify, change, and/or replace these standards in the future, exercising reasonable business judgment.

Mrcool is obligated to provide franchisees with reasonable notice of any modifications or changes made to the Operations Manual. This notice may be delivered through electronic communications, such as emails, or through notifications on an online web-based platform where the Operations Manual is maintained. Mrcool will also provide franchisees with a reasonable period of time, as determined by Mrcool, to implement the changes and modifications outlined in the Operations Manual. Franchisees are only allowed to offer and sell approved services and products and use system supplies as designated by Mrcool in the Operations Manual.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.