Can Southern Steer modify the Brand Manual, and if so, are there any limitations?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
You will operate Your Southern Steer Business in compliance with those operational systems, procedures, policies, methods and requirements found in the Brand Manual and in any supplemental bulletins and notices, revisions, modifications or amendments which are all a part of the Brand Manual. The Brand Manual and all other manuals or written materials relating to Your Southern Steer Business must be returned to Us upon termination or expiration of Your Franchise Agreement. We may modify the Brand Manual, but the modifications will not substantially and materially alter Your status and rights under the Franchise Agreement. The Brand Manual is confidential and remains Our property. The Brand Manual is currently approximately 130 pages. The Brand Manual Table of Contents is attached as Exhibit H to the Franchise Disclosure Document.
We may notify You of changes to the Brand Manual by any method, including but not limited to, email, posting the modified Brand Manual on an intranet or on Our website. But, You are responsible for checking the intranet and/or Our website for changes to the Brand Manual. You must ensure that Your copy of the Brand Manual is kept current at all times. You will be required to abide by any such modifications, changes, additions, deletions and alterations to the Brand Manual and You will be responsible for all costs and expenses that You may incur to comply. In addition, You may need to purchase updated equipment, products and supplies at Your own cost. If there is any dispute as to the contents of the Brand Manual, the terms of the master copy maintained by Us, at Our principal office, will control.
Source: Item 11 — ITEM. 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 26–35)
What This Means (2025 FDD)
According to Southern Steer's 2025 Franchise Disclosure Document, Southern Steer may modify its Brand Manual. These modifications can come in the form of supplemental bulletins and notices, revisions, modifications, or amendments, all of which become part of the Brand Manual. Southern Steer can notify franchisees of these changes through various methods, including email or posting on an intranet or website. Franchisees are responsible for keeping their copy of the Brand Manual current and must comply with any changes. Franchisees are also responsible for any costs incurred to comply with these changes, including purchasing updated equipment, products, and supplies. In case of a dispute, the master copy of the Brand Manual maintained by Southern Steer at its principal office will control.
However, there is a limitation to Southern Steer's ability to modify the Brand Manual. The modifications cannot substantially and materially alter the franchisee's status and rights under the Franchise Agreement. This suggests that while Southern Steer has the right to update and change operational procedures, these changes should not fundamentally change the agreed-upon relationship or legal standing of the franchisee.
This is a fairly standard clause in franchise agreements, as franchisors need the flexibility to adapt their systems to changing market conditions and improve operational efficiency. However, the limitation ensures that franchisees are protected from changes that could negatively impact their investment or business operations in a significant way. Prospective franchisees should carefully consider this clause and understand their rights and obligations regarding changes to the Brand Manual.