What understanding regarding employee employment must a Cilantro Taco Grill franchisee irrevocably affirm, attest, and covenant?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.1.2 No Relationship. Franchisee acknowledges and agrees that Franchisee alone exercises day-today control over all operations, activities, and elements of the Franchised Business, and that under no circumstance shall Franchisor do so or be deemed to do so. Franchisee further acknowledges and agrees, and will never claim otherwise, that the various restrictions, prohibitions, specifications, and procedures of the System which Franchisee is required to comply with under this Agreement, whether set forth in Franchisor's Operations Manual or otherwise, does not directly or indirectly constitute, suggest, infer or imply that Franchisor controls any aspect or element of the day-to-day operations of the Franchised Business, which Franchisee alone controls, but only constitute standards Franchisee must adhere to when exercising control of the day-to-day operations of the Franchised Business.
- 21.1.3 Franchisee's Employees. Franchisee acknowledges and agrees that any training Franchisor provides for Franchisee's employees is geared to impart to those employees, with Franchisee's ultimate authority, the various procedures, protocols, systems, and operations of a Cilantro Taco Grill outlet and in no fashion reflects any employment relationship between Franchisor and such employees. If ever it is asserted that Franchisor is the employer, joint employer or co-employer of any of Franchisee's employees in any private or government investigation, action, proceeding, arbitration or other setting, Franchisee irrevocably agree to assist Franchisor in defending said allegation, appearing at any venue requested by Franchisor to testify on Franchisor's behalf participate in depositions, other appearances or preparing affidavits rejecting any assertion that Franchisor is the employer, joint employer or coemployer of any of Franchisee's employees.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, a franchisee must acknowledge and agree that they alone exercise day-to-day control over all operations, activities, and elements of the franchised business. The franchisee must also agree that Cilantro Taco Grill does not control any aspect of the day-to-day operations, but only sets the standards that the franchisee must adhere to.
Furthermore, the franchisee must acknowledge that any training Cilantro Taco Grill provides to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Cilantro Taco Grill outlet, and does not reflect any employment relationship between Cilantro Taco Grill and the franchisee's employees.
If it is ever asserted that Cilantro Taco Grill is the employer, joint employer, or co-employer of any of the franchisee's employees in any investigation, action, proceeding, arbitration, or other setting, the franchisee irrevocably agrees to assist Cilantro Taco Grill in defending against that allegation. This includes appearing at any venue requested by Cilantro Taco Grill to testify on their behalf, participating in depositions, other appearances, or preparing affidavits rejecting any assertion that Cilantro Taco Grill is the employer, joint employer, or co-employer of the franchisee's employees. This is a critical point, as it ensures the franchisee understands their role as the sole employer and assumes responsibility for all employment-related matters.