Does the Craters & Freighters agreement specify what constitutes 'appropriate and necessary measures' to protect employees or customers from danger?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to be solely responsible for all employment decisions and, in accordance with Section 6.10 of this Agreement, to comply with all state, federal, and local hiring laws and functions of the Franchised Business, including without limitation, those related to hiring, firing, training, wage and hour requirements, compensation, promotion, record-keeping, supervision, discipline, and workplace safety of employees, paid or unpaid, full or part-time.
- 6.12 Compliance with Lease.
Franchisee must comply with both the Lease and any additional leasehold covenants and regulations of the building in which the Premises is located.
In the event the landlord of the Premises terminates the Lease due to Franchisee's default of such Lease, such termination of the Lease will also constitute a material breach of this Agreement by Franchisee, so long as Franchisor verifies Franchisee's alleged default(s) of such Lease.
- 6.13 Compliance with System Standards.
To protect the reputation and goodwill of Franchisor and the System, and to maintain uniform standards of operation under the Marks, Franchisee will conduct the Franchised Business in strict accordance with the specifications, standards, operating procedures, and rules set forth in this Agreement, the Operations Manuals, and otherwise established and communicated by Franchisor (collectively the "System Standards").
Franchisee acknowledges the System Standards are intended to protect Franchisor's standards, systems, names, Marks, Confidential Information, and Trade Secrets (including but not limited to the Proprietary Software) and are not intended to control the day-to-day operation of Franchisee's Franchised Business.
Franchisee further acknowledges and agrees that Franchisee's Franchised Business will be under the control of the Franchisee at all times and that Franchisee will be solely responsible for the day-to-day operation of the business.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, the franchise agreement does not explicitly define what constitutes 'appropriate and necessary measures' to protect employees or customers from danger. However, it does state that the franchisee is responsible for workplace safety. Craters & Freighters emphasizes that franchisees are responsible for complying with all state, federal, and local hiring laws and functions of the Franchised Business, including those related to workplace safety of employees. This indicates that franchisees must adhere to all legal requirements related to safety but does not provide specific measures within the franchise agreement itself.
Craters & Freighters outlines that the franchisee is responsible for the day-to-day operation of the business. The franchisee must manage and operate the Franchised Business in an ethical and honorable manner. Franchisees must ensure that all those working at the Franchised Business provide courteous and professional services to customers and always keep the customers' interests in mind while protecting the goodwill of the Marks, System, and Franchised Business. This suggests a focus on ethical conduct and customer service, which indirectly relates to safety by promoting a responsible business environment.
Prospective franchisees should seek clarification from Craters & Freighters regarding specific safety protocols, training programs, and risk management procedures. Understanding the franchisor's expectations and support in maintaining a safe environment for both employees and customers is crucial for the successful and responsible operation of a Craters & Freighters franchise. Franchisees should also consult with legal and safety professionals to ensure full compliance with all applicable regulations.