What must the acknowledgment form state regarding employment at a Chocolate Fish Coffee franchise?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee is solely responsible for the terms and conditions of employment of all of its personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination. Franchisee is solely responsible for all actions of its personnel. Franchisee and Chocolate Fish Franchising are not joint employers, and no employee of Franchisee will be an agent or employee of Chocolate Fish Franchising. Within seven days of Chocolate Fish Franchising's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Chocolate Fish Franchising) is the employee's sole employer. Franchisee will use its legal name on all documents with its employees and independent contractors, including, but not limited to, employment applications, time cards, pay checks, and employment and independent contractor agreements, and Franchisee will not use the Marks on any of these documents.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the acknowledgment form signed by the franchisee and each of its employees must state that the franchisee alone, and not Chocolate Fish Coffee, is the employee's sole employer. This form must be signed within seven days of Chocolate Fish Coffee's request.
This requirement is intended to clarify that the franchisee is the sole employer of their personnel and is responsible for all aspects of their employment, including hiring, training, compensation, and termination. It also emphasizes that Chocolate Fish Coffee and the franchisee are not joint employers, and no employee of the franchisee will be considered an agent or employee of Chocolate Fish Coffee.
Furthermore, the franchisee is required to use its legal name on all documents related to employees and independent contractors, such as employment applications, time cards, paychecks, and agreements. The franchisee is prohibited from using Chocolate Fish Coffee's trademarks on any of these documents. This provision reinforces the independent nature of the franchise relationship and ensures that employees are clearly aware of their employer's identity.