Does Bambu have control over the day-to-day managerial operations of a Bambu shoppe?

d parties related to the Bambū shoppe including, in particular, all provisions of any premises lease or equipment lease.

• g. Employees and Agents. Franchisee shall be exclusively responsible for recruiting, appointing, hiring, firing, and supervising its employees, independent agents, and Bambū Certified Team Leaders. Those employees and agents will be employees or agents of Franchisee. They are not employees or agents of Bambu and Bambu is not the joint employer of those persons. Franchisee will have sole authority and control over the day-to-day operations of the Bambū shoppe and its employees and agents. Bambu will have no right or obligation to direct Franchisee's employees and agents or to operate the Bambū shoppe. It is Franchisee's responsibility to determine compensation of employees and agents, terms of employment, safety regulations, work assignments, work schedules, and working conditions. Any information regarding any of those issues provided to Franchisee by Bambu are mere suggestions and Franchisee shall have the sole discretion to utilize such information or not. Franchisee will keep Bambu informed of the names, addresses and telephone numbers of all employees and agents. Bambu reserves the right to require Franchisee, at Franchisee's expense, to purchase specified wearing apparel described in the FRC Materials from Suppliers approved by Bambu. All Bambū Certified Team Leaders, employees of Franchisee, Franchisee and its owners, shall wear the specified wearing apparel at all times while working at the Franchised Location. Bambu has the right, in its sole and absolute discretion, to change or modify such dress code guidelines.

• h. Remodeling, Upgrading and Replacement. Franchisee shall renovate, refurbish, remodel or replace, at its own expense, the real and personal property and equipment used in the operation of the Bambū shoppe, when reasonably required by Bambu in order to comply with the image, standards of operation and performance capability established by Bambu from time to time. If Bambu changes its image, logo, menu, or standards of operation, it shall give Franchisee a reasonable period of time within which to comply with such changes. If required by Bambu, Franchisee must purchase certain personal property, signage, and equipment from Bambu's approved suppliers.
• i. Training of Employees. Franchisee shall be responsible for the opening training of its employees who work in any capacity in the Bambū shoppe and shall be fully responsible for all employees' compliance with the operational standards which are part of the Bambū system. Franchisee is solely responsible for implementing training and other programs for employees and other agents related to the legal, safe, and proper performance of their work, regardless of the fact that Bambu may provide advice, suggestions, and certain training programs as described in this Agreement. Such training shall be under the specifications and standards described in the manuals or otherwise in writing by Bambu. Such advice, suggestions, and training by Bambu are provided to protect Bambu's brand and the Marks and to set best practices as to the day-to-day operation of Franchisee's Bambū shoppe. Franchisee and all Bambū Certified Team Leaders must obtain food safety certification from the ServSafe National Restaurant Association or another food safety certification program approved by the local Health Department the covers the Franchised Location, at Franchisee's cost, including attending and successfully completing any training required for that certification.
• j. Ownership of Shoppe. Franchisee shall at all times during the term of this Agreement own and control the Bambū shoppe authorized hereunder. Upon request of Bambu, Franchisee shall promptly provide satisfactory proof of such ownership to Bambu. Franchisee represents that the Statement of Ownership, attached hereto as Attachment III and by this reference incorporated herein, is true, complete, accurate and not misleading, and, in accordance with the information contained in the Statement of Ownership, the controlling ownership of the Bambū shoppe is held by Franchisee. Franchisee shall promptly provide Bambu with a written notification if the information contained in the Statement of Ownership changes at any time during the term of this Agreement and shall comply with the applicable transfer provisions contained in Article 17 herein. In addition, if Franchisee is an entity, all of the owners, partners or members of Franchisee shall sign the Personal Guaranty attached hereto as Attachment II.
• k. Hours of Operation. Franchisee shall at all times during the term of this Agreement keep its Bambū shoppe open during the business hours customary for the Franchised Location and shall maintain sufficient supplies of menu items, food and ingredients, coffee, teas, powders, and syrups, as well as shoppe supplies and Bambū branded products and merchandise and employ adequate personnel at all times so as to operate the shoppe at its maximum capacity and efficiency. Hours of operations may be adjusted for the time of day, day of the week, holidays and time of year by Bambu, or by Franchisee as set forth in the OOM and with Bambu's prior written consent.
• l. Email Communications.

Source: Item 23 — Receipts (FDD pages 52–209)