If a Casiola franchisee is an individual, what qualifications must the appointed manager meet?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
(1) If Franchisee is an individual and not a Corporate Entity, upon the death or permanent disability of Franchisee, the executor, administrator, conservator or other personal representative of Franchisee, must appoint a manager that meets the equivalent of an Operating Manager within a reasonable time, which shall not exceed 30 days from the date of death or permanent disability. The appointed manager (as applicable) must serve and qualify as an Operating Manager and attend and successfully complete the Training Program within 60 days of the appointment. If Franchisee's Casiola Business is not being managed by a Franchisor approved Operating Manager (as applicable) within 30 days after such death or permanent disability, Franchisor is authorized, but is not required, to immediately appoint a manager to maintain the operations of Franchisee's Casiola Business for, and on behalf of, Franchisee at Franchisee's sole costs until an approved Operating Manager is able to assume the management and operation of Franchisee's Casiola Business. Franchisor's appointment of a manager for Franchisee's Casiola Business does not relieve Franchisee of its obligations under this Agreement, including this Article 14.D., or constitute a waiver of Franchisor's right to terminate this Agreement pursuant to Article 16, below. At all times, including while Franchisee's Casiola Business may be managed by Franchisor's appointed manager, Franchisor shall not be liable for any debts, losses, costs, or expenses incurred in the operations of Franchisee's Casiola Business or to any creditor of Franchisee for any products, materials, supplies or services purchased by Franchisee's Casiola Business. Franchisor has the right to charge a reasonable fee (the "Management Service Fees") for such management services and may cease to provide management services at any time.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, if a franchisee is an individual and not a corporate entity, and upon the death or permanent disability of the franchisee, their representative must appoint a manager within 30 days. This appointed manager must meet the equivalent standards of an Operating Manager.
The appointed manager must also attend and successfully complete the Casiola Training Program within 60 days of their appointment. If the Casiola business is not managed by a Franchisor-approved Operating Manager within 30 days after the franchisee's death or disability, Casiola has the right, but not the obligation, to appoint a manager to maintain operations at the franchisee's expense until an approved Operating Manager can take over.
It's important to note that Casiola's appointment of a manager does not relieve the franchisee of their obligations under the Franchise Agreement, nor does it waive Casiola's right to terminate the agreement. Casiola will not be liable for any debts, losses, costs, or expenses incurred during the operations of the franchisee's business, even if managed by Casiola's appointed manager. Casiola can also charge a reasonable fee for these management services and may discontinue them at any time.