Is Bombs Away responsible for informing franchisees about all legal requirements applicable to their Bombs Away business?
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 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 7–8)
What This Means (2024 FDD)
Based on the 2024 Bombs Away Franchise Disclosure Document, Bombs Away does not explicitly state that they will inform franchisees of all legal requirements. However, the document does state that the franchisee is responsible for the terms and conditions of employment of all its personnel, including recruiting, hiring, training, supervising, compensation, and termination. Bombs Away may set minimum qualifications for categories of employees employed by the franchisee. The franchisee must also use its legal name on all documents with its employees and independent contractors, and the franchisee will not use the Marks on any of these documents.
Bombs Away may set policies binding on all franchisees regarding soliciting, marketing, and serving customers in another franchisee's territory, and Bombs Away Franchising may waive or modify such policies in any circumstance as Bombs Away Franchising determines. Bombs Away may set policies binding on all franchisees regarding referral fees (and other terms and conditions) when a customer is referred from one Bombs Away business to another. Bombs Away may waive or modify such policies in any circumstance as Bombs Away Franchising determines.
While Bombs Away provides a Manual with System Standards and may offer guidance on certain aspects of the business, it appears the franchisee is ultimately responsible for understanding and adhering to all applicable laws and regulations. A prospective franchisee should clarify with Bombs Away the extent of their legal guidance and support, and seek independent legal counsel to ensure full compliance.