TFF Franchise Management Questionnaire

TFF Franchise Management Questionnaire

FRANCHISE MANAGEMENT OR BROKER DISCLOSURE QUESTIONNAIRE

Each person who is a director, trustee, general partner, officer, or other person who will have management responsibility relating to the sale or the operation of the franchise system by the franchisor (the “Franchisor”) must provide certain information for the Franchisor's franchise disclosure document (“FDD”).  Please be sure to sign the last page as requested to indicate your verification that all answers given in this questionnaire are complete, true and accurate.

Note : This information should be updated as it changes from time to time and annually for the FDD update.

PLEASE RESPOND TO ALL QUESTIONS COMPLETELY.

I.     HISTORY

B. Business address, telephone number and email address :

II.    LITIGATION, ADMINISTRATIVE ACTIONS AND ARBITRATIONS

A. Are you, at the present time :

1. a defendant (or defendant to a counterclaim) in a pending administrative, criminal or civil action against you which alleges:

Note:  For purposes of this questionnaire, an “action” includes a lawsuit, administrative action or an arbitration claim.  A material action is an action that a prospective franchisee would consider important in deciding to do business with the Franchisor.  If you are in doubt whether the action is material, please answer yes and describe the action as required by Paragraph F.(1) below.

B. During the ten (10) year period prior to the date of this questionnaire, have you :

 

3. Been held liable in a civil action, including a lawsuit, administrative action or an arbitration, involving

Note:  For purposes of this question, "held liable" means a finding by final judgment in a judicial, binding arbitration or administrative proceeding. “Held liable” means that as a result of claims or counterclaims, the person must pay money or other consideration, must reduce an indebtedness by the amount of an award, cannot enforce its rights, or must take some action adverse to its interests. Held liable also includes civil, administrative or arbitration actions the person settled where the terms of settlement required the person to pay money or other consideration, forgive or reduce indebtedness, relinquish rights or take any action adverse to its interests.

C. Are you at the present time :

Note:  For purposes of these questions, "currently effective" means an injunctive or restrictive order or decree that has not been vacated or rescinded by a court or by an issuing public agency.

D. If the answer to any of the questions in II.A. through II.E. is yes, please provide the following information :

1. For litigation :

(a) Names of the parties

(b) Nature of the case (including claims and relief sought)

(c) Court in which the action was filed

(d) Date of filing

(e) Docket number

(f) Relationship of party bringing the action to the defendant (i.e., former franchisee, supplier, etc.)

(g) Current status of pending actions

(h) Date of conviction or date judgment was entered

(i) Penalty, damages assessed and terms of settlement

 2. For orders or decrees:

(a) Name of agency and court

(b) Summary of allegations or facts

(c) Date, nature, terms and conditions of order or decree

Note : Also include the name, telephone number and address of your counsel and please provide us with copies of all court pleadings.

III.    BANKRUPTCY

A. During the ten (10) year period immediately preceding the date of this questionnaire, have you :

 

B. If so, describe :

 

3. The court, case name and number and relevant dates:

4. Any material facts or circumstances relating to the proceeding.  In the event of a discharge in bankruptcy, please state the discharge date and describe the reorganization plans, if applicable:

 

IV. CERTIFICATION