What clause outlines the training obligations for the Bevaris Alliance franchisee and individual?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
ty of employees to fulfil its obligations under this agreement and meet Customer demand and as required by the Manual;
- (e) not engage or use independent contractors; and
- (f) clearly represent to its employees that they are employees of the Franchisee and not the Franchisor.
9. Training
9.1 Franchisor training obligations. The Franchisor shall:
- (a) Provide at Franchisor's cost an initial training program at Franchisor's designated training site and a minimum of two days of onsite training regarding operation and management, marketing, sales, strategies, product handling, etc. and to verify that Franchisee will follow the prescribed standards of operation. Franchisor shall offer such initial training free of charge for the Individual and up to two of Franchisee's employees. A Franchisor representative will be present for on-site training on the first day food service at a school begins and the immediately following day; and
- (b) provide further training programs for the Individual and such number of the Franchisee's employees, at cost when the Franchisee may reasonably require. Such training shall take place at such time and place as the Franchisor shall specify.
9.2 Franchisor optional training. The Franchisor may:
- (a) Establish the Mystery Shopper Program to assist in monitoring quality of Products and Services provided by the Franchisee's Business and performance and development of the System;
- (b) Compel Franchisee's attendance at supplementary training programs, including on-site visits, training at Franchisor's designated training site, and attendance at an annual convention for up to six calendar days annually in Franchisor's sole discretion.
9.3 Franchisee training obligations. The Franchisee shall:
- (a) not start the Franchisee's Business until the Individual and at least one other key management personnel have, in the reasonable opinion of the Franchisor, successfully completed the initial training as set out in the Manual;
- (b) not allow any employee to work in the Franchisee's Business until they have, in the reasonable opinion of the Franchisor, successfully completed training as set out in the Manual*;*
- (c) ensure that, if any employee does not successfully complete training, such training is repeated until it has been successfully completed;
- (d) ensure that all employees attend such further training as the Franchisor may reasonably require. Such training shall be charged for by the Franchisor and shall take place at such time and place as the Franchisor shall specify;
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, clause 9 outlines the training obligations for both the franchisee and the individual. Specifically, section 9.1 details the franchisor's training obligations, while section 9.3 describes the franchisee's training obligations.
The franchisor is obligated to provide an initial training program at their designated training site, at no cost to the franchisee. This initial training covers operation and management, marketing, sales strategies, and product handling. The franchisor also commits to a minimum of two days of on-site training. This initial training is provided free of charge for the individual franchisee and up to two of the franchisee's employees. Additionally, a franchisor representative will be present for on-site training on the first day food service begins at a school and the following day. The franchisor also provides further training programs for the individual and the franchisee's employees at a cost when reasonably required, with the time and place specified by the franchisor. The franchisor may also establish a Mystery Shopper Program and compel attendance at supplementary training programs, including on-site visits, training at the franchisor's designated site, and attendance at an annual convention for up to six days annually.
The franchisee is obligated to ensure that the individual and at least one other key management personnel successfully complete the initial training before starting the business. They must also ensure that no employee works in the business until they have successfully completed training. If an employee does not successfully complete training, the franchisee must ensure that the training is repeated until it is successfully completed. Furthermore, the franchisee must ensure that all employees attend further training as reasonably required by the franchisor, with the franchisee bearing the cost of such training. The franchisee must also participate in all ongoing training programs specified by the franchisor.