Are the franchisee's employees considered employees of Crisp & Green?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
st may or may not optimize the revenues or profitability of your Franchised Restaurant and you irrevocably waive any and all claims arising from the establishment or suggestion of your Franchised Restaurant's retail prices.
9.12 Catering and Delivery Services; Crisp & Go Location. Unless we specify otherwise in writing, Franchisee shall provide Catering Service and/or Delivery Service from the Franchised Restaurant in accordance with all applicable terms and conditions of this Agreement and the Operations Manual. Franchisee shall not establish another outlet or property (other than the Franchised Restaurant's Premises) for use in connection with Catering Service or Delivery Service, provided that, if Franchisee has been approved to operate a Crisp & Go Location, Franchisee may operate the Crisp & Go Location at the site within your Designated Area that we have approved in writing.
You may determine the geographic area within which you will offer Catering Service or Delivery Service, provided that (1) you must ensure that your customers receive at all times high quality food and beverage products prepared and maintained in accordance with our specifications, and (2) you do not send any direct mail advertisements for Catering Service or Delivery Service into the Designated Area of another Restaurant. However, you may accept a catering or delivery order from any location, even if it means that you are delivering or setting up the order in the Designated Area of another Restaurant. You must maintain the condition and appearance of, and perform maintenance with respect to vehicles, servewear and equipment used in connection with the provision of Catering Services and/or Delivery Services in accordance with our standards, specifications and procedures, and consistent with the image of CRISP & GREEN as first class, clean sanitary, attractive and efficiently-operated food service businesses. You must ensure that
all catering and delivery drivers strictly comply with all applicable laws and maintain adequate motor vehicle liability insurance in the amounts that we periodically specify.
If you fail to comply with any provision of this Agreement pertaining to Catering Service or Delivery Service, then in addition to any other rights and remedies that we might have (inducing the right to terminate this Agreement pursuant to Section 14 below, if appl
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, it is not explicitly stated whether the franchisee's employees are considered employees of Crisp & Green. The document includes a franchise agreement, addenda, and exhibits that outline the relationship between Crisp & Green and the franchisee, but it does not directly address the employment status of the franchisee's staff.
However, the FDD does address the franchisee's responsibilities regarding their employees, particularly in the context of catering and delivery services. Franchisees must ensure that all catering and delivery drivers comply with applicable laws and maintain adequate motor vehicle liability insurance. This implies that the franchisee is responsible for managing and overseeing their employees in these roles.
Because the FDD does not clearly define the employer relationship, prospective Crisp & Green franchisees should seek clarification from the franchisor regarding the employment status of their employees. Understanding this relationship is crucial for managing liability, insurance, and compliance with labor laws.