Who is responsible for ensuring Burneys Sweets More employees are properly trained?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
se. Franchisee shall ensure that all employees have all necessary certifications and credentials as required by applicable state laws and licensing regulations, and that all employees must satisfy all continuing educational training requirements as may be specified by applicable laws and regulations. In the event that Franchisor provides training to Franchisee's employees upon Franchisee's request, Franchisee Indemnifying Parties (as defined in Section 19 of this Agreement) hereby release, indemnify and hold harmless the Franchisor Indemnified Parties (as defined in Section 19 of this Agreement) from all claims, causes of action, expenses, costs, debts, fees, liabilities and damages of every kind arising out of or related to the training and/or the continuing education of Franchisee's employees as set forth herein. Franchisor reserves the right to assess a training fee or attendance fee for any conferences, conventions, retreats, or other training Franchisor or its approved suppliers provide.
- (d) Compliance with Specifications and Procedures. Franchisee acknowledges that the Brand Standards Manual are designed to protect Franchisor's Marks, brand image, goodwill, and standards and systems, and not to control the day-to-day operation of the business. Franchisee shall comply with all rules, regulations, and directives specified by Franchisor, as well as all mandatory standards, specifications and procedures contained in the Brand Standards Manual, as amended from time to time.
- (e) Franchisee Control.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for ensuring their employees are properly trained. The franchisee must ensure that all employees have the necessary certifications and credentials required by state laws and licensing regulations. They are also responsible for making sure employees meet all continuing education and training requirements as specified by applicable laws and regulations.
Burneys Sweets More may provide training to the franchisee's employees upon request. However, if Burneys Sweets More does provide this training, the franchisee agrees to release and indemnify Burneys Sweets More from any claims, expenses, or liabilities related to the training or continuing education of the franchisee's employees. This means the franchisee bears the ultimate responsibility for any issues arising from employee training, even if Burneys Sweets More provides the training itself.
Burneys Sweets More retains the right to charge a training or attendance fee for any conferences, conventions, retreats, or other training that Burneys Sweets More or its approved suppliers provide. This highlights that while the franchisee is responsible for ensuring proper training, Burneys Sweets More may offer additional training opportunities at a cost. The franchisee also acknowledges that they are responsible for the day-to-day operation of their franchised business, including the supervision and discipline of all personnel, and compliance with the Brand Standards Manual.