Is there a limit on who a Bombs Away franchisee can hire as an on-premises supervisor?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
ppearance. Franchisee shall cause its personnel to comply with any dress attire, uniform, personal appearance and hygiene standards set forth in the Manual.
- (c) Qualifications. Bombs Away Franchising may set minimum qualifications for categories of employees employed by Franchisee.
- (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.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 26–27)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away may set minimum qualifications for categories of employees employed by the franchisee. However, the franchisee is solely responsible for the terms and conditions of employment, including recruiting, hiring, training, supervising, compensation, and termination of personnel. Bombs Away and the franchisee are not considered joint employers, and the franchisee is responsible for the actions of their personnel. Franchisees must use their legal name on all employment-related documents and cannot use Bombs Away's trademarks on these documents.
Bombs Away also provides assistance in hiring employees by offering suggested staffing levels and guidelines, but all hiring decisions remain the franchisee's responsibility. Franchisees must ensure their personnel provide competent and courteous service and comply with any dress attire, uniform, personal appearance, and hygiene standards outlined in the manual.
Franchisees must also ensure that their employees complete any required training programs, potentially incurring travel and living expenses if the training is held at a location requiring travel. Bombs Away may also require franchisees to provide training programs to their own employees. These stipulations ensure that while franchisees have autonomy in hiring, Bombs Away maintains standards for service, appearance, and training across all franchise locations.