Are employees of a Body Brain Center franchisee considered employees of the franchisor?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3 Employees.
You must hire, train, and supervise honest, reliable, competent and courteous employees for the operation of your Business.
You must pay all wages, commissions, fringe benefits, worker's compensation premiums and payroll taxes (and other withholdings required by law) due for your employees.
These employees will be employees of yours and not of ours.
You must ensure that a sufficient number of trained employees are available to meet the operational standards and requirements of your Business at all times.
You must ensure that your employees perform their duties in compliance with the terms of the Manual and any other materials applicable to employees that we communicate to you.
You may give your employees only the minimum amount of information and material from the Manual that is necessary.
You must ensure that your employees do not make or retain any copies of the Manual or any portion of the Manual.
We do not control, or have the right to control, the hiring, firing, training, discipline or day-to-day activities of your employees.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, employees hired to work at a franchisee's location are considered employees of the franchisee, not Body Brain Center. The franchisee is solely responsible for all aspects of their employees' employment, including hiring, training, supervision, and ensuring they meet operational standards.
This means the franchisee is obligated to pay all wages, commissions, fringe benefits, worker's compensation premiums, and payroll taxes for their employees. Body Brain Center does not control or have the right to control the hiring, firing, training, discipline, or day-to-day activities of the franchisee's employees.
However, Body Brain Center does require that all of the franchisee's employees, officers, directors, partners, members, independent contractors, and other persons associated with the franchisee's business who may have access to Body & Brain's Know-how sign and send them a Brand Protection Agreement before having access to their Know-how. The franchisee must use their best efforts to ensure that these individuals comply with the terms of the Brand Protection Agreements and must immediately notify Body & Brain of any breach that comes to their attention. The franchisee agrees to reimburse Body & Brain for all reasonable expenses that they incur in enforcing a Brand Protection Agreement, including reasonable attorneys' fees and court costs.
This distinction is important for prospective franchisees to understand, as it clarifies the division of responsibilities and liabilities between the franchisor and the franchisee. The franchisee has significant autonomy in managing their workforce but must also ensure employees comply with Body Brain Center's standards and protect its intellectual property.