What does the Crawlspace Medic franchisee agree to never claim regarding the franchisor's control?
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.
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 co-employer of any of Franchisee's employees.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, franchisees acknowledge that they alone exercise day-to-day control over their franchised business. Franchisees agree they will never claim that Crawlspace Medic directly or indirectly controls any aspect of the daily operations.
This agreement is in place even though franchisees must comply with the standards, specifications, and procedures of the Crawlspace Medic system, as outlined in the Operations Manual or elsewhere. These standards are in place to ensure consistency across all Crawlspace Medic franchises, but the franchisee maintains control over daily operations.
Additionally, the franchisee acknowledges that any training Crawlspace Medic provides to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Crawlspace Medic outlet. This training does not create any employment relationship between Crawlspace Medic and the franchisee's employees. If any claim arises asserting that Crawlspace Medic is an employer or co-employer of the franchisee's employees, the franchisee agrees to assist Crawlspace Medic in defending against such allegations.