What authority does Crawlspace Medic have as the franchisee's attorney-in-fact?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.1.2 No Relationship.
Franchisee acknowledges and agrees that Franchisee alone exercises day-to-day 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 Crawlspace Medic outlet and in no fashion reflects any employment relationship between Franchisor and such employees.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
Based on the 2024 Crawlspace Medic Franchise Disclosure Document, the franchise agreement does not establish Crawlspace Medic as the franchisee's attorney-in-fact. The document outlines the relationship between the franchisor and franchisee as that of independent parties. The franchisee maintains control over the daily operations of the franchise.
Specifically, the FDD states that the franchisee alone exercises day-to-day 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. The franchisee must adhere to the standards in Crawlspace Medic's Operations Manual. However, this adherence does not imply that Crawlspace Medic controls the day-to-day operations of the Franchised Business.
Furthermore, the FDD clarifies that any training provided by Crawlspace Medic to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Crawlspace Medic outlet, and does not create any employment relationship between Crawlspace Medic and the franchisee's employees. The 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 Crawlspace Medic outlet and in no fashion reflects any employment relationship between Franchisor and such employees.
Therefore, a Crawlspace Medic franchisee should understand that they are responsible for the operations of their franchise and that Crawlspace Medic is not their attorney-in-fact.