Is the Pearce Bespoke franchisee required to utilize future updates to the POS system?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will utilize the point-of-sale system designated by the Franchisor (the "POS System") which Franchisor has selected for the Business System, including all future updates, supplements, and modifications. Franchisee may be required to enter into a separate computer software license agreement specified by a third-party supplier of the POS System. Franchisor may access information and data produced by Franchisee's POS System. As further described in Section 5(C), Franchisor has the right to use the information obtained from Franchisee's POS System to determine the weekly amounts owed for Royalty Fees. The computer hardware component of the POS System must conform with specifications Franchisor develops and must be configured as a package unit as Franchisor designates. The POS System may include one (1) iPad, one (1) desktop/laptop computer, and one (1) all-in-one printer. Franchisee will be required to utilize and, at Franchisor's discretion, pay for all future updates, supplements, and modifications to the POS System. Franchisee may be required to update its POS System every five (5) years or less, depending on updates in technology and Franchisor's current standards. Franchisor reserves the right to charge a POS Maintenance Fee. Franchisor will provide a minimum of thirty (30) days' written notice prior to implementation of such fee. It is Franchisee's responsibility to make sure that Franchisee is in compliance with all laws that are applicable to the POS System or other technology custom in the operation of Franchisee's Business, including all data protection or security laws as well as PCI compliance.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, franchisees are required to use the designated point-of-sale (POS) system, including all future updates, supplements, and modifications. This ensures that all Pearce Bespoke locations operate on a standardized platform, allowing for consistent data collection and reporting. Franchisees may also be required to enter into a separate computer software license agreement with a third-party supplier of the POS system.
The FDD specifies that Pearce Bespoke may access information and data produced by the franchisee's POS system. This data is used to determine the weekly royalty fees owed to Pearce Bespoke, as described in Section 5(C) of the agreement. The computer hardware component of the POS system must conform to Pearce Bespoke's specifications and be configured as a package unit as designated by the company. The POS system may include one iPad, one desktop/laptop computer, and one all-in-one printer.
Franchisees may be required to update their POS system every five years or less, depending on technological advancements and Pearce Bespoke's current standards. Pearce Bespoke also reserves the right to charge a POS Maintenance Fee, providing a minimum of thirty days' written notice before implementing such a fee. It is the franchisee's responsibility to comply with all laws applicable to the POS system or other technology used in the operation of their business, including data protection, security laws, and PCI compliance.
In summary, Pearce Bespoke franchisees must maintain and update their POS systems as directed by the franchisor, which may involve additional costs and adherence to specific legal and technical standards. This requirement ensures uniformity and facilitates data collection for royalty calculations and overall business management.