Are Baya Bar franchisees bound by safety and security suggestions made by the franchisor?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.4 Safety and Security of Premises.
Franchisee is solely responsible for the safety and security of the Franchised Business location for Franchisee, Franchisee's personnel, customers, agents and the general public.
Any suggestions by Franchisor on such matters are for guidance only and not binding on Franchisee.
All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees are primarily responsible for the safety and security of their Baya Bar location. This responsibility extends to the franchisee, their personnel, customers, agents, and the general public. While Baya Bar may offer suggestions regarding safety and security, these suggestions are explicitly for guidance only and are not binding on the franchisee.
This means that Baya Bar franchisees have the discretion to implement safety and security measures as they see fit for their specific location and circumstances. They are not obligated to follow the franchisor's suggestions in this area. However, franchisees must understand that this autonomy comes with the responsibility to ensure a safe environment, and they are liable for any claims arising from safety or security issues at their location.
Furthermore, the FDD emphasizes that the franchisee's indemnification obligations, as detailed in Section 15.6, apply to any claims made against Baya Bar regarding safety or security at the franchised location. This underscores the importance of franchisees taking their safety and security responsibilities seriously, as they will be held accountable for any related incidents or liabilities.