Who is solely responsible for the terms and conditions of employment for Bombs Away franchise 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 solely responsible for the terms and conditions of employment of all its personnel. This includes all aspects of employment such as recruiting, hiring, training, scheduling, supervising, compensation, and termination. The franchisee is also solely responsible for all actions of its personnel.
This means that as a Bombs Away franchisee, you have complete control over your employees' work environment and compensation. You make all the decisions related to who you hire, how much you pay them, and how you manage them. Bombs Away Franchising may set minimum qualifications for categories of employees employed by the franchisee.
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. To ensure this is clear, the franchisee and each of its employees will sign an acknowledgment form stating that the franchisee alone is the employee's sole employer within seven days of Bombs Away Franchising's request. The franchisee must use its legal name on all documents with its employees and independent contractors and cannot use Bombs Away's Marks on any of these documents.