factual

What are the franchisee's responsibilities regarding the hiring, training, and supervision of employees at a Carls restaurant?

Carls Franchise · 2024 FDD

Answer from 2024 FDD Document

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H. Franchised Restaurant Management and Personnel

The Franchised Restaurant shall at all times be under the on-site supervision of one of the following designated individuals, who must meet, to the satisfaction of CJR, CJR's applicable training qualifications for their designated position: the Operating Principal, a Multi-Unit Manager, or a restaurant General Manager. Franchisee must, at all times, employ at the Franchised Restaurant at least one General Manager and a sufficient number of employees who have successfully completed the FMTP to ensure that the Franchised Restaurant operates in accordance with the System. If, at any time, Franchisee ceases to employ the required number of trained personnel, Franchisee has 30 days (from the date on which Franchisee has less than the required number of trained personnel) to hire and enroll replacement personnel in the FMTP.

Franchisee, Franchisee's Operating Principal or, if applicable, the Multi-Unit Manager shall remain active in overseeing the operations of the Franchised Restaurant, including, without limitation, regular, periodic visits to the Franchised Restaurant and sufficient communications with CJR to ensure that the Franchised Restaurant's operations comply with the operating standards as promulgated by CJR from time to time in the OPM or otherwise in written or oral communications.

Franchisee shall hire, and at all times employ, a sufficient number of trained employees for the Franchised Restaurant and be exclusively responsible for the terms of their employment and compensation, and for the proper training of such employees in the operation of the Franchised Restaurant, in human resources and customer relations. Franchisee shall establish at the Franchised Restaurant a training program for all employees that meets the standards prescribed by CJR. Franchisee will be solely responsible for: (1) hiring, training and supervising efficient, competent and courteous employees of good character for the operation of the Franchised Restaurant; (2) the terms of their employment and compensation; and (3) the proper training of the employees in the operation of the Franchised Restaurant.

Franchisee shall employ only suitable persons of good character and reputation who will at all times conduct themselves in a competent and courteous manner in accordance with the image and reputation of CJR and the System and, while on duty, comply with the dress attire, personal appearance and hygiene standards set forth in the OPM. Franchisee shall use its best efforts to ensure that Franchisee's employees maintain a neat and clean appearance and render competent and courteous service to all customers and fellow employees of the Franchised Restaurant.

I. Signs and Logos

Subject to local ordinances, Franchisee shall prominently display in and upon the land and buildings of the Franchised Restaurant interior and exterior signs and logos using the name "Carl's Jr.", without any

prefix or suffix, and those other names, marks, advertising signs and logos, of such nature, form, color, number, location and size, and containing that material as CJR may from time to time direct. Franchisee shall not display in or upon the Franchised Location any sign, logo or advertising media of any kind to which CJR objects.

Source: Item 22 — CONTRACTS (FDD page 80)

What This Means (2024 FDD)

According to Carls's 2024 Franchise Disclosure Document, franchisees are responsible for all aspects of their employees' employment. This includes hiring a sufficient number of trained employees, determining the terms of their employment and compensation, and providing proper training in restaurant operations, human resources, and customer relations. Franchisees must also establish a training program that meets Carls's standards.

Carls franchisees must hire individuals of good character and reputation who will represent the Carls brand well. Employees must conduct themselves competently and courteously, adhering to the brand's image and the standards outlined in the OPM (Operating Procedures Manual). This extends to dress attire, personal appearance, and hygiene. Franchisees are expected to ensure their employees maintain a neat and clean appearance and provide competent and courteous service to customers and fellow employees.

Carls also mandates specific training programs for franchisees and their employees. Franchisees, General Managers, at least six Shift Leaders, and other designated employees must attend and complete the Franchise Management Training Program (FMTP). The Franchisee's Operating Principal must also complete the FMTP if they haven't already. Carls can modify or waive training requirements based on experience and can dismiss trainees who are not deemed suitable, requiring the franchisee to provide a replacement within one month. Franchisees are responsible for tuition fees and travel expenses for these training programs. Franchisees must also conduct initial and ongoing training programs for their employees as required by Carls to ensure they are properly trained in restaurant operations.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.