Who has sole control over a Crawlspace Medic franchisee's employees?
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 Crawlspace Medic's 2024 Franchise Disclosure Document, the franchisee has sole control over their employees. The FDD emphasizes that the franchisee alone manages the day-to-day operations of the franchised business, including all aspects related to employees.
Crawlspace Medic's training provided to the franchisee's employees is designed to impart the brand's procedures and systems, but it does not establish any employment relationship between Crawlspace Medic and the franchisee's staff. The franchisee has the ultimate authority over their employees, reinforcing the independent nature of the franchise operation.
To further protect Crawlspace Medic, the franchisee agrees to defend the franchisor against any claims asserting that Crawlspace Medic is an employer, joint employer, or co-employer of the franchisee's employees. This includes assisting in investigations, providing testimony, and preparing affidavits to reject such assertions. This clause underscores the importance of maintaining a clear distinction between the franchisor and the franchisee's employees, ensuring that the franchisee is solely responsible for all employment-related matters.