Where can the educational and business criteria for a Baya Bar General Manager be found?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
11.4 Appointment of Manager.
- 11.4.1 Franchisee shall designate and retain at all times a general manager ("General Manager") to direct the operation and management of the Franchised Business location. Franchisee shall designate its General Manager prior to attending the Business Management Training Program. The General Manager shall be responsible for the daily operation of the Franchised Business location.
- 11.4.2 The General Manager shall, during the entire period he or she serves as General Manager, meet the following qualifications:
- 11.4.2.1 The General Manager shall meet Franchisor's standards and criteria for such individual, as set forth in the Manual or otherwise in writing by Franchisor and shall be an individual otherwise acceptable to Franchisor in its sole discretion.
- 11.4.2.2 The General Manager shall devote his or her full time and best efforts to the supervision and management of the Franchised Business, and may not engage in any other competitive business activity without the Franchisor's consent, which may be withheld in Franchisor's sole discretion.
- 11.4.2.3 The General Manager shall satisfy the training requirements set forth in Article 7.
- 11.4.3 If the General Manager is not able to continue to serve in such capacity, or no longer qualifies to act as such in accordance with this Agreement, Franchisee shall promptly notify Franchisor and designate a replacement within thirty (30) days after the General Manager ceases to serve, such replacement being subject to the same qualifications required by this Agreement. Franchisee's replacement General Manager shall attend and satisfactorily complete the Initial Management Training Program, at Franchisee's sole cost and expense, including the payment of the thencurrent tuition. Until such replacement is designated and trained, Franchisee shall provide interim management of the Franchised Business, who shall act in accordance with the terms of this Agreement. Any failure to comply with the requirements of this Section shall be deemed a material event of default under this Agreement. Franchisor, in Franchisor's sole discretion, may provide interim management support and charge Franchisee the thencurrent interim management support fee until such General Manager is properly trained or certified in accordance with Franchisor's requirements, plus any and all costs of travel, lodging, meals and other expenses reasonably incurred by Franchisor, and shall be withdrawn from Franchisee's designated bank account in accordance with Section 6.1.4.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 42–43)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, the criteria for a General Manager can be found in the manual or in writing from the franchisor. Specifically, Section 11.4.2.1 of the Franchise Agreement states that the General Manager must meet Baya Bar's standards and criteria as detailed in the Manual or in writing by Baya Bar. The General Manager must also be someone Baya Bar finds acceptable at its sole discretion.
In addition to meeting the criteria set by Baya Bar, Section 11.4.2.2 states that the General Manager must commit their full time and effort to managing the Baya Bar business. They are not allowed to participate in any competing business activities unless Baya Bar gives its consent, which Baya Bar can withhold if it chooses.
Furthermore, Section 11.4.2.3 states that the General Manager needs to fulfill the training requirements outlined in Article 7 of the agreement. This ensures that the General Manager is well-prepared to manage the Baya Bar location effectively. If a General Manager is no longer able to fulfill their role, the franchisee must inform Baya Bar and find a replacement within 30 days, with the replacement also meeting the same qualifications and training requirements.