What kind of assistance does Bombs Away Franchising provide regarding hiring employees?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
5.2 Assistance in Hiring Employees. Bombs Away Franchising shall provide its suggested staffing levels to Franchisee. Bombs Away Franchising shall provide suggested guidelines for hiring employees. All hiring decisions and conditions of employment are Franchisee's sole responsibility.
(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, Bombs Away Franchising offers franchisees some assistance in hiring employees. Specifically, Bombs Away Franchising will provide suggested staffing levels and guidelines for hiring employees.
However, the FDD stipulates that all actual hiring decisions and the conditions of employment remain the sole responsibility of the franchisee. This means that while Bombs Away offers guidance, the franchisee is ultimately in charge of the entire hiring process, including recruiting, training, scheduling, supervising, compensating, and terminating employees.
Furthermore, the franchisee is responsible for all actions of their personnel. Bombs Away Franchising and the franchisee are not considered joint employers, and the franchisee's employees will not be considered agents or employees of Bombs Away Franchising. The franchisee must also ensure that all employment-related documents use the franchisee's legal name and not Bombs Away's trademarks.