Must a Buff City Soap franchisee designate an Operator to manage the Makery?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Operator.
Concurrently with the execution of this Agreement, Franchisee must designate and retain at all imes an Operator who will manage the Makery in accordance with the Standards including but not limited to completion of Initial Training to Franchisor's satisfaction, as described in Section 6.
The Operator will execute the Operator's Confidentiality and Non-Compete Agreement attached to this Agreement as Exhibit D.
The Operator will supervise the General Manager and the operations of the Makery.
The Operator may not be involved in or supervise any other business or retail establishment concept outside of Buff City Soap makeries.
If, during the Term of this Agreement, the Operator is not able to continue to serve in such capacity or no longer qualifies to act as such in accordance with this Section 13(b), Franchisee must promptly notify Franchisor in writing and designate a replacement within 30 days after the Operator ceases to serve, such replacement being subject to the same qualifications described above.
Franchisee must provide for interim management of all Makeries owned by Franchisee that the Operator supervised until such replacement is so designated, such interim supervision to be conducted in accordance with the terms of this Agreement.
Any failure to comply with the requirements of this Section 13(b) will be deemed an Event of Default under this Agreement.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 49)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, a franchisee must designate and retain an Operator to manage the Makery. This Operator must be designated concurrently with the execution of the Franchise Agreement. The Operator is responsible for managing the Makery according to Buff City Soap's standards, including completing the required initial training.
The Operator's responsibilities include supervising the General Manager and overseeing the Makery's operations. A key restriction is that the Operator cannot be involved in or supervise any other business or retail establishment outside of Buff City Soap makeries. This ensures their full attention is dedicated to the Buff City Soap business.
If the Operator can no longer fulfill their duties or no longer meets the qualifications, the franchisee must notify Buff City Soap in writing and designate a replacement within 30 days. During the search for a replacement, the franchisee must provide interim management for all Buff City Soap locations previously supervised by the Operator. Failure to comply with these requirements constitutes an event of default under the Franchise Agreement, highlighting the importance Buff City Soap places on having a qualified Operator in place.