Is a Bb.Q Chicken franchisee responsible for debts or liabilities incurred by the franchisor?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
You hereby irrevocably affirm, attest and covenant your understanding that your employees are employed exclusively by you and in no fashion are any such employee employed, jointly employed or coemployed by us.
You further affirm and attest that each of your employees is under the exclusive dominion and control of you and never under the direct or indirect control of us in any fashion whatsoever.
You alone hire each of your employees; sets their schedules; establishes their compensation rates; and, pays all salaries, benefits and employment-related liabilities (workers' compensation insurance premiums/payroll taxes/Social Security contributions/ /unemployment insurance premiums).
You alone have the ability to discipline or terminate your employees to the exclusion of us, which has no such authority or ability.
We have no authority to control, either directly or indirectly, the essential terms and conditions of employment of your employees.
You acknowledge and agree that you, in your sole and absolute discretion, shall determine all such essential terms and conditions of employment, which are defined in the Manual or otherwise defined by law.
Franchisee specifically agrees that any training Franchisor provides for Franchisee's employees is geared to impart to those employees, with Franchisee's ultimate authority, the various procedures, protocols, systems, and operations of a bb.q Chicken.
Franchise and in no fashion reflects any employment relationship between Franchisor and such employees.
Finally, should it ever be asserted that we are the employer, joint employer or co-employer of any of your employees in any private or government investigation, action, proceeding, arbitration or other setting, you irrevocably agree to assist us in defending said allegation, including (if necessary) appearing at any venue requested by us to testify on our behalf (and, as may be necessary, submitting itself to depositions, other appearances and/or preparing affidavits dismissive of any allegation that we are the employer, joint employer or co-employer of any of your employees).
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
The 2025 Bb.Q Chicken Franchise Disclosure Document states that the franchisee is the sole and exclusive employer of their employees. Bb.Q Chicken franchisees affirm that their employees are not employed, jointly employed, or co-employed by Bb.Q Chicken in any fashion. The franchisee has exclusive control over their employees, including hiring, scheduling, compensation, and termination. The franchisee is solely responsible for all employment-related liabilities, such as workers' compensation insurance premiums, payroll taxes, Social Security contributions, and unemployment insurance premiums.
Bb.Q Chicken has no authority to control the essential terms and conditions of the franchisee's employees' employment. The franchisee determines these terms and conditions at their sole discretion. Any training that Bb.Q Chicken provides to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Bb.Q Chicken franchise and does not reflect any employment relationship between Bb.Q Chicken and the employees.
If any claim arises asserting that Bb.Q Chicken is the employer, joint employer, or co-employer of the franchisee's employees, the franchisee agrees to assist Bb.Q Chicken in defending against the allegation. This includes appearing at any venue requested by Bb.Q Chicken to testify on their behalf and submitting to depositions or preparing affidavits to deny any employment relationship. This section of the FDD serves to protect Bb.Q Chicken from potential liabilities related to the franchisee's employees, reinforcing the franchisee's role as an independent business owner responsible for their own business's obligations.