What is the Crawlspace Medic franchisee's responsibility regarding communication with its employees about their employer status?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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, the franchisee is responsible for ensuring their employees understand that the franchisee, and not Crawlspace Medic, is their employer. Crawlspace Medic provides training for the franchisee's employees to teach them the procedures, protocols, systems, and operations of a Crawlspace Medic outlet. This training does not create an employment relationship between Crawlspace Medic and the franchisee's employees.
The 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 also agrees that the restrictions, prohibitions, specifications, and procedures of the Crawlspace Medic system do not imply that Crawlspace Medic controls any aspect of the day-to-day operations, which the franchisee alone controls. These standards are in place for the franchisee to adhere to when exercising control of the business.
If it is ever claimed that Crawlspace Medic is the employer, joint employer, or co-employer of any of the franchisee's employees, the franchisee must assist Crawlspace Medic in defending against this allegation. This includes appearing at any venue requested by Crawlspace Medic to testify on their behalf, participating in depositions, other appearances, or preparing affidavits rejecting any assertion that Crawlspace Medic is the employer, joint employer, or co-employer of the franchisee's employees. This requirement protects Crawlspace Medic from potential liabilities related to the franchisee's employees and reinforces the independent contractor relationship between the franchisor and franchisee.