What is the Punch King Fitness franchisee's responsibility regarding updates to the Operating Manual provided by Punch King Fitness?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor shall have the right to add, delete, or otherwise modify the Operations Manual from time to time to reflect changes in any of the System Standards, provided that no such addition or modification shall alter Franchisee's fundamental status and rights under this Agreement. All additions, deletions, or modifications to the Operating Manual and System Standard shall be effective five (5) days after the Franchisor has given notice to Franchisee or as directed by Franchisor. Franchisee agrees to comport with said additions, deletions, or modifications to the Operations Manual and System Standards at its own cost and expense. Any such modifications, enhancements, and replacements may require Franchisee to incur costs and expenses. Franchisee acknowledges that Franchisor cannot estimate the costs of future maintenance, enhancements, modifications, and replacements in accordance with updated System Standards. Franchisee shall at all times ensure that its copy of the Operations Manual is kept secure, current, and up to date, and in the event of any dispute as to the contents of the Operations Manual, the terms of the master copy of the Operations manual maintained by Franchisor at Franchisor's home office shall be controlling. Upon Franchisor's request, Franchisee will cooperate in the efficient return of all Operations manuals that have been identified by the Franchisor as obsolete.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, the franchisee is responsible for adhering to any modifications made to the Operations Manual. Punch King Fitness has the right to modify the Operations Manual from time to time to reflect changes in System Standards. These changes become effective five days after the franchisee receives notice from Punch King Fitness, or as otherwise directed by them.
The franchisee is responsible for complying with these changes at their own cost and expense. These modifications may require the franchisee to incur costs, and Punch King Fitness cannot estimate these future costs. The franchisee must ensure their copy of the Operations Manual is secure, current, and up to date. In case of any dispute, the master copy of the Operations Manual maintained by Punch King Fitness at their home office will be controlling.
Upon request from Punch King Fitness, the franchisee must cooperate in returning any Operations Manuals identified as obsolete. This ensures that all franchisees are operating under the most current guidelines and standards set by Punch King Fitness, maintaining uniformity across all franchise locations.