Who is responsible for employment and personnel decisions involving personnel utilized in the Bumper Man business, other than the Operating Principal?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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Operating Principal is not able to continue to serve in such capacity or no longer qualifies to act as such in accordance with this Section 11(a), Franchisee must promptly notify Franchisor in writing and request Franchisor's consent to Transfer in accordance with Sections 16(b)-(f). Any failure to comply with the requirements of this Section 11(a) will be deemed an Event of Default under this Agreement.
(b) Other Personnel. Franchisee's Operating Principal is the sole Person authorized to operate the Bumper Business unless otherwise approved by Franchisor in writing. If Franchisor authorizes Franchisee to utilize Personnel (i.e. Operating Principal's spouse, child, parent or as otherwise approved by Franchisor in writing) in the operation of the Bumper Business, then Franchisee will be solely responsible for all employment and personnel decisions involving such Personnel, including without limitation the hiring, firing, discipline, supervision, direction, scheduling, and compensation of such Personnel. Franchisee will ensure that each such Personnel will at all times comply with the terms and conditions of this Agreement to the extent applicable and the Standards in connection with the performance of the Designated Services and operation of the Bumper Business. Franchisor will not be involved in, or responsible for, training, employment, compensation or any other personnel matters and decisions made by Franchisee, as further described in Section 17(d).
12. RECORDS, AUDITS, AND INSPECTIONS.
- (a) Accounting and Records. Franchisee will obtain and be solely responsible for its own accounting services and any required hardware or software related thereto. Franchisee will at all times maintain accurate and complete records as specified in the Manual, including, without limitation, sales, inventory and expense information, in order to generate the reports requested by Franchisor.
- (b) Inspections and Audits.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the franchisee is responsible for all employment and personnel decisions related to personnel utilized in the Bumper Man business, excluding the Operating Principal, if the franchisor approves the franchisee's use of personnel. This includes hiring, firing, discipline, supervision, direction, scheduling, and compensation. The franchisee must also ensure that all personnel comply with the terms and conditions of the Franchise Agreement and the brand's standards.
Bumper Man will not be involved in or responsible for training, employment, compensation, or any other personnel matters handled by the franchisee. The franchisee is considered an independent business responsible for the day-to-day operations of the Bumper Man business and its personnel, including hiring, discharging, setting, and paying wages and benefits.
This arrangement means that the franchisee has complete control over staffing decisions and bears the responsibility for managing their employees. It also clarifies that the personnel are not considered employees of Bumper Man, which protects the franchisor from potential liabilities related to employment matters. Prospective franchisees should understand that managing personnel effectively is crucial for the success of their Bumper Man business, and they should be prepared to handle all aspects of employment independently.