What responsibilities does the Baya Bar General Manager have?
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 Baya Bar's 2024 Franchise Disclosure Document, franchisees must designate a General Manager to oversee the daily operations and management of their Baya Bar location. This individual must be appointed before the franchisee attends the Business Management Training Program. The General Manager is responsible for the day-to-day running of the franchised business.
The General Manager must meet Baya Bar's standards and criteria, as detailed in the Manual or other written communications from the company. The franchisor must find the individual acceptable in its sole discretion. The General Manager is required to dedicate their full-time efforts to supervising and managing the Baya Bar location. They are prohibited from engaging in any competitive business activities without the franchisor's explicit consent, which Baya Bar can withhold at its discretion.
If the General Manager can no longer fulfill their duties or no longer meets the required qualifications, the franchisee must promptly inform Baya Bar and appoint a replacement within 30 days. The replacement General Manager must also meet the standards and criteria set by Baya Bar. This replacement must also attend and successfully complete the Initial Management Training Program, with the franchisee covering all associated costs, including tuition.
Until a suitable replacement is found and trained, the franchisee is responsible for providing interim management that adheres to the terms of the Franchise Agreement. Failure to comply with these requirements is considered a material breach of the agreement. Baya Bar, at its discretion, may provide interim management support and charge the franchisee a fee, plus all associated travel, lodging, meals, and other expenses, until a qualified General Manager is in place.