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Casual Articles - Agreements in Franchising and Confidential Operations Manual And Specifications
I am a firm believer in “arbitration clauses” in contracts and agreements. They allow for the means of settling a dispute that is much quicker and much less expensive than by utilizing the courts and lawyers. The most common arbitration clause is that the parties having the disagreement contract with an individual to act as an arbitrator. It is extremely important that the arbitrator be acceptable to both parties. A lot of arbitration clauses state that the decision of the arbitrator is final or that the arbitration is “binding arbitration”. Where there are entities, such as corporations involved in the dispute rather than individuals the arbitration clause may allow for each entity to pick a person to represent them and those two individuals then pick a third, again the arbitration is usually binding.All parties involved in the dispute usually pay for the costs associated with implementing the arbitration equally. However, arbitration clauses can define a different structure to the terms of payment of any disputes.Bear in mind when using an arbitrator in a dispute over contracts and/or agreements that the arbitrator is dealing (in the vast majori
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their bes
Being a world leader certainly has its advantages indeed. You can get away with murder, sponsor International Terrorists, exploit children and women for sex and kill or imprison all your political adversaries and even when you do all this you can get exemplary service at the United Nations concierge services center. What a treat it must be indeed?In most nations if you did all this you would be thrown in prison or even executed, so it must be very nice to be a leader of a nation and member of the United Nations get-together group? Wow, sign me up I say?In all seriousness let us look at this case study on customer service. The United Nations treats all world leaders as excellent customers as if they were in a 5-star Resort and like there are accustomed to. They treat them like Kings. Well, many of them are and Dictators, Presidents, Monarchs and such.Do you treat your paying customers in your business without judgment in your customers? Perhaps you might consider the way that the United Nations does this. Always remember to treat your customers like kings and this will insure you get what you want too; after all cash flow is King.
I recommend “E-Myth” By Gerber and perhaps this will address some of what I am trying to say. The consistency and integrity of a franchise system and its brand-name rely on a duplicatable method of doing business. The confidential operations manual and it’s specifications must be followed consistently by each franchise outlet. In fact, this issue is so important that I have copied the clause in my franchise company’s franchise agreement, which addresses this issue;
3.7 Confidential Operations Manual And Specifications
For Initial And On-Going Equipment, Inventory And Supplies Our industry is highly competitive. Continuous efforts to maintain, update and improve the System are essential. The developments Franchisor will make for the benefit of the System as a whole are contemplated throughout the term of this Agreement. The continuous development of the System in this manner is an important and beneficial aspect of the relationship Franchisee wants to have with Franchisor. Franchisor agrees to provide Franchisee with one password to access the loaned copy of The Car Wash Guys Confidential Operations Manual once Franchisee has paid to Franchisor the Initial Fee, in full. The Confidential Operations Manual contains the System, including specifications, standards, operating procedures, accounting and bookkeeping methods, marketing ideas, inventory requirements and control techniques, wash unit plans and specifications, equipment and sign requirements, public relations and other rules that Franchisor may prescribe from time to time. The Confidential Operations Manual is and will remain confidential and Franchisor’s exclusive property. Franchisee will not disclose, copy or duplicate any part of the Confidential Operations Manual for any reason.
Franchisor develops minimum requirements for wash products, chemicals, merchandise, inventory, supplies, stationary, business forms, advertising, decor, wash unit plans and specifications, materials, equipment and signs, among other things. These requirements are outlined in the Confidential Operations Manual. Franchisee will purchase all wash products and inventory items specified in the Confidential Operations Manual. Franchisor may amend the Confidential Operations Manual, including changes, which may affect minimum requirements for the franchise operations. Franchisee will strictly adhere to the requirements of the Confidential Operations Manual as Franchisor amends it from time to time. Franchisee will implement immediately all changes at Franchisee’s cost, unless Franchisor otherwise specifies. Franchisor reasonably may restrict Franchisee from producing, stocking, and selling certain items and goods, from time to time, as specified in the Confidential Operations Manual.
Franchisee may purchase some wash equipment, inventory, and supply items from Franchisor, if offered, at Franchisor’s then current prices. If Franchisee desires to purchase any items from Franchisor, payment arrangements must be made when Franchisee places their order. The items Franchisor may offer include among other things equipment, merchandise and supplies that bear the Service Marks. Franchisee must purchase all wash products, supplies, chemicals and inventory items from Franchisor, if offered, or suppliers Franchisor approves from time to time.
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their bes
I recently did some consulting for a large retail company and sat in with their help desk department, which was probably the worst I have seen in my 10+ years in business. This was an internal help desk, with the end-users being employees from the various retail stores and warehouses. Not surprisingly the perception of their company’s IT support was not flattering to say the least.Some of the problems I noted were:·Poor (often rude) phone answering skills with the majority of calls being answered on speaker-phone, whilst swearing with heavy metal music in the background.·Lack of management·No system(s) or procedures in place to keep track of calls and problems·No central call person (anyone could answer the phone)·And a lack of morale within the help desk teamHere’s some of the suggestions I would make to resolve these problems…1) Team bondingThe nature of customer support/help desk is problem solving. No one calls in to say that everything is going well. It’s a bit like being a policeman. People only call you when a crisis occurs. That in its self can become daunting for workers. Dealing with unhappy customers all day, ev
Franchisor develops minimum requirements for wash products, chemicals, merchandise, inventory, supplies, stationary, business forms, advertising, decor, wash unit plans and specifications, materials, equipment and signs, among other things. These requirements are outlined in the Confidential Operations Manual. Franchisee will purchase all wash products and inventory items specified in the Confidential Operations Manual. Franchisor may amend the Confidential Operations Manual, including changes, which may affect minimum requirements for the franchise operations. Franchisee will strictly adhere to the requirements of the Confidential Operations Manual as Franchisor amends it from time to time. Franchisee will implement immediately all changes at Franchisee’s cost, unless Franchisor otherwise specifies. Franchisor reasonably may restrict Franchisee from producing, stocking, and selling certain items and goods, from time to time, as specified in the Confidential Operations Manual.
Franchisee may purchase some wash equipment, inventory, and supply items from Franchisor, if offered, at Franchisor’s then current prices. If Franchisee desires to purchase any items from Franchisor, payment arrangements must be made when Franchisee places their order. The items Franchisor may offer include among other things equipment, merchandise and supplies that bear the Service Marks. Franchisee must purchase all wash products, supplies, chemicals and inventory items from Franchisor, if offered, or suppliers Franchisor approves from time to time.
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their bes
Aim for perfection.That’s a pretty lofty concept. It’s definitely not easy – especially when speaking of core business processes. Moving toward perfection requires measurement, analysis and documentation. And if you really want perfection, then you need more sophisticated tools. But is driving toward that ideal of perfection worth the effort?If you want to increase quality and dramatically save costs in production, then, yes, the road to perfection is definitely worth the driving time.Forward Steps, Quality and ProcessesLast time, we discussed process mapping to increase communication and understanding within an organization and to effectively develop a system of procedures. Now, let’s take a forward step, and look at how Six Sigma tools can decrease variability and increase quality in your processes.Six Sigma, Pyramids and SystemsThe Six Sigma methodology is an advanced set of tools designed for problem-solving and quality improvement. A 'sigma' refers to the standard deviation from the mean of a population. Standard deviation indicates the likelihood that your next data point will deviate from the mean of the data set.nd sign requirements, public relations and other rules that Franchisor may prescribe from time to time. The Confidential Operations Manual is and will remain confidential and Franchisor’s exclusive property. Franchisee will not disclose, copy or duplicate any part of the Confidential Operations Manual for any reason.
Franchisor develops minimum requirements for wash products, chemicals, merchandise, inventory, supplies, stationary, business forms, advertising, decor, wash unit plans and specifications, materials, equipment and signs, among other things. These requirements are outlined in the Confidential Operations Manual. Franchisee will purchase all wash products and inventory items specified in the Confidential Operations Manual. Franchisor may amend the Confidential Operations Manual, including changes, which may affect minimum requirements for the franchise operations. Franchisee will strictly adhere to the requirements of the Confidential Operations Manual as Franchisor amends it from time to time. Franchisee will implement immediately all changes at Franchisee’s cost, unless Franchisor otherwise specifies. Franchisor reasonably may restrict Franchisee from producing, stocking, and selling certain items and goods, from time to time, as specified in the Confidential Operations Manual.
Franchisee may purchase some wash equipment, inventory, and supply items from Franchisor, if offered, at Franchisor’s then current prices. If Franchisee desires to purchase any items from Franchisor, payment arrangements must be made when Franchisee places their order. The items Franchisor may offer include among other things equipment, merchandise and supplies that bear the Service Marks. Franchisee must purchase all wash products, supplies, chemicals and inventory items from Franchisor, if offered, or suppliers Franchisor approves from time to time.
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their bes
There are such a wide variety of electrician tools available on the marketplace that there are entire books on the subject and even they can’t cover everything. Depending on the job you are doing and the jobs you hope to be doing, there are electrician tools and kits that range in price from $25 to mind boggling amounts of money.From a simple wire cutter and a soldering iron up to the latest spy ware employed by the military, developing electrician tools have become an industry itself. In quiet laboratories electricians are working on an electronic device that does or undoes another equally complex electrical device. Once created, these devices have to be manufactured, people have to be trained in their uses and somebody has to repair them when they malfunction. All of this involves the field of electronics, some of it combined with computers and other communication devices.Tracking devices to monitor people’s activities, microphones to capture hidden conversations, hidden cameras to catch bad people doing bad things all started with an electronic device and somebody with the electrical knowledge and electrician tools to do the job. With the right schooling and the prope
Franchisee may purchase some wash equipment, inventory, and supply items from Franchisor, if offered, at Franchisor’s then current prices. If Franchisee desires to purchase any items from Franchisor, payment arrangements must be made when Franchisee places their order. The items Franchisor may offer include among other things equipment, merchandise and supplies that bear the Service Marks. Franchisee must purchase all wash products, supplies, chemicals and inventory items from Franchisor, if offered, or suppliers Franchisor approves from time to time.
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their bes
Recently, I attended a conference given at my local Chamber of Commerce. It was entitled, How to Bring Your Business to the Next Level. The reason I mention it is that the speaker covered several points that tie in with the 3 most common mistakes freelancers make, outlined below.1. Not Targeting a Market: I call this lack of freelancer focus. Do you drive without a destination? Probably not. Most of us know where we're going when we get in our cars, on the train, on the bus. We have a specific destination in mind.Because editorial and creative freelancing encompass such broad categories, it can be difficult to focus. Eg, writing. Huh? For what - magazines, e-zines, newspapers, websites, newsletters, brochures, direct mail, etc., etc., etc.What type of writing for what sector? Legal, medical, technical, scientific, real estate, financial, general (what does that mean?), etc., etc., etc.What type of client? B2B, B2C.As you can see, your choices are endless. And, you may be talented enough to write in many sectors. However, you will have a hard time selling this to potential clients, and you will almost always be beaten out for assignmen
Franchisor will not be liable to Franchisee if Franchisor is unable to deliver equipment, inventory, chemicals or supply items to Franchisee because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, national or local holidays, failure of carriers, inability to obtain transportation facilities, forces majeuer, acts of God or of the public enemy, or any other cause beyond Franchisor’s control.
Franchisee must purchase all equipment, chemicals, products, supplies and materials required for the operation of the Franchise from manufacturers, vendors, suppliers or distributors approved by Franchisor. All specifications that Franchisor requires of Franchisee and lists of approved vendors and suppliers will be included in the Confidential Operations Manual and the Franchisee Forum intranet system. Franchisor will use their best judgment to set and modify specifications in order to maintain the integrity and quality of the franchise system.
Additional car wash trucks/units and related equipment must be purchased through Franchisor, if offered, or from a list of approved vendors. Franchisee understands that the prices of such equipment bought from Franchisor may be raised or lowered by Franchisor from time to time due to increases or decreases in prices by Franchisor’s vendors. Franchisee further understands that items Franchisee buys from vendors might also change in price.
Upon advance written request, Franchisee may request Franchisor approval to obtain equipment, chemicals, products, supplies or materials from sources that Franchisor has not previously approved.
Franchisor requests that Franchisee seek out manufacturers, vendors, suppliers and distributors in their Marketing Area to continually expand the approved vendors and products available to franchisees systemwide. Franchisor additionally requests that Franchisee seek out new services, concepts, technologies, materials and methods from their Marketing Area that can be introduced to continually update, improve and expand the System and keep all franchisees system wide on the leading edge.
Franchisor may require Franchisee to give Franchisor sufficient information, photographs, MSDS sheets, drawings, samples, and other data to allow Franchisor to determine whether the items from these other sources meet Franchisor specifications and standards, as established from time to time. These specifications and standards will relate to quality, texture, composition, absorbency, strength, finish and appearance, and the suppliers' capacity and facility to supply Franchisee’s needs in the quantities, at the times, and with the reliability necessary for efficient operation. Franchisor may require that samples from any supplier be delivered to a designated independent testing laboratory for testing prior to approval and use. Franchisee will reimburse Franchisor for the actual cost of the tests. Franchisor will license any supplier, that can meet or exceed Franchisor quality control and confidential formula requirements and standards, for a reasonable license fee, to produce and deliver products to Franchisee but to no other person.
Franchisor confidential manufacturing requirements, equipment, designs, systems and formulas will be disclosed to potential suppliers only after Franchisor has received reasonable evidence that the proposed supplier is trustworthy and reputable; has the capacity to consistently adhere to Franchisor standards, requirements and testing procedures; will maintain the confidentiality of the designs, systems and formulas; and will adequately supply Franchisee’s reasonable needs. Franchisor will not unreasonably withhold approval of a supplier Franchisee proposes. Franchisor will notify Franchisee in writing of the approval or disapproval of any supplier Franchisee proposes.
From time to time Franchisor or their agents may inspect any approved manufacturer's, supplier's or distributor's facilities and products to assure proper production, processing, packaging, storing, and transportation. Permission for inspection will be a condition of Franchisor’s continued approval of any manufacturer, supplier or distributor. Should Franchisor determine from any inspection that a manufacturer, supplier or distributor fails to meet Franchisor’s specifications and standards, Franchisor will give written notice describing this failure to Franchisee and to the manufacturer, supplier or distributor, together with a notice that unless the failure or deficiency is corrected w
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