Is the Bombs Away franchisee solely responsible for all actions of its personnel?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Sole Responsibility.
Franchisee is solely responsible for the terms and conditions of employment of all of its personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination.
Franchisee is solely responsible for all actions of its personnel.
Franchisee and Bombs Away Franchising are not joint employers, and no employee of Franchisee will be an agent or employee of Bombs Away Franchising.
Within seven days of Bombs Away Franchising'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.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the franchisee is indeed solely responsible for all actions of their personnel. This encompasses all aspects of employment, including hiring, training, and termination. Bombs Away franchisees must also manage the terms and conditions of their employees' jobs.
This means that if an employee makes a mistake, causes an accident, or otherwise creates a liability situation, the franchisee is the one who will be held responsible. This is a standard arrangement in franchising, as the franchisee is the direct employer and operator of the business. Bombs Away Franchising is not considered a joint employer and no employee of the franchisee will be considered an agent or employee of Bombs Away.
To further emphasize this point, Bombs Away requires that franchisees and their employees sign an acknowledgment form confirming that the franchisee is the employee's sole employer and not Bombs Away Franchising. Franchisees must also use their legal name on all employment-related documents, ensuring there is no confusion about the employer's identity. This protects Bombs Away from potential legal issues arising from the actions of the franchisee's employees.