Is a Bombs Away franchisee allowed to use the Marks on employment documents?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
g's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Bombs Away Franchising) is the employee's sole employer. Franchisee will use its legal name on all documents with its employees and independent contractors, including, but not limited to, employment applications, time cards, pay checks, and employment and independent contractor agreements, and Franchisee will not use the Marks on any of these documents.
- 7.6 Post-Opening Training. Bombs Away Franchising may at any time require that the Principal Executive and/or any other employees complete training programs, in any format and in any location determined by Bombs Away Franchising.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, franchisees are explicitly prohibited from using the brand's trademarks, service marks, or logos (the "Marks") on any documents related to their employees or independent contractors. This includes, but is not limited to, employment applications, time cards, paychecks, and employment or independent contractor agreements. Instead, franchisees are required to use their legal name on all such documents.
This restriction ensures that the employees are clearly identified as employees of the franchisee, and not of Bombs Away itself. This distinction is important for legal and liability reasons, as Bombs Away wants to avoid any implication of being a joint employer. This is further reinforced by the requirement that franchisees and their employees sign an acknowledgment form confirming that the franchisee is the sole employer.
The franchisee's responsibility extends to all aspects of employment, including recruiting, hiring, training, scheduling, supervising, compensation, and termination. Bombs Away maintains the right to set minimum qualifications for certain employee categories, but the franchisee remains solely responsible for the terms and conditions of employment.
This policy is a standard practice in franchising, designed to protect the franchisor's brand and limit its liability. Franchisees should be aware of this restriction and ensure compliance in all their employment-related documentation.