What constitutes 'reasonable judgment' in Bombs Away Franchising's assessment of danger to health or safety?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- (ix) the Business is operated in a manner which, in Bombs Away Franchising's reasonable judgment, constitutes a significant danger to the health or safety of any person, and Franchisee fails to cure such danger within 48 hours after becoming aware of the danger (due to notice from Bombs Away Franchising or otherwise);
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, 'reasonable judgment' regarding health and safety dangers is referenced in the context of potential franchise termination. Specifically, Bombs Away can terminate the franchise agreement if the business is operated in a way that, in Bombs Away Franchising's reasonable judgment, poses a significant danger to anyone's health or safety.
If such a danger exists, the franchisee has 48 hours after becoming aware of it (either through notice from Bombs Away or otherwise) to correct the issue. Failure to remedy the dangerous condition within this timeframe can lead to termination of the franchise agreement. This clause emphasizes the importance Bombs Away places on maintaining a safe environment for customers and employees.
This provision means a Bombs Away franchisee must be proactive in identifying and addressing any potential health or safety hazards within their business. The franchisee should maintain thorough records of safety inspections, employee training, and any corrective actions taken. Should Bombs Away identify a safety concern, the franchisee must act swiftly to resolve it within the given 48-hour window to avoid potential termination of the agreement. The term 'reasonable judgment' suggests that Bombs Away's assessment will be based on objective factors and industry standards, but ultimately, the franchisee is at the mercy of Bombs Away's interpretation.