Does Deck Medic's appointment of a manager relieve the franchisee of their obligations?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor's appointment of a manager for Franchisee's Deck Medic Business does not relieve Franchisee of its obligations under this Agreement, including this Article 14.D., or constitute a waiver of Franchisor's right to terminate this Agreement pursuant to Article 16, below.
At all times, including while Franchisee's Deck Medic Business may be managed by Franchisor's appointed manager, Franchisor shall not be liable for any debts, losses, costs, or expenses incurred in the operations of Franchisee's Deck Medic Business or to any creditor of Franchisee for any products, materials, supplies or services purchased by Franchisee's Deck Medic Business.
Franchisor has the right to charge a reasonable fee (the "Management Service Fees") for such management services and may cease to provide management services at any time.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, if the franchisor appoints a manager for the franchisee's Deck Medic business, this action does not relieve the franchisee of their obligations under the Franchise Agreement, including Article 14.D. Additionally, this appointment does not constitute a waiver of Deck Medic's right to terminate the agreement as per Article 16.
Even while a manager appointed by Deck Medic is running the business, the franchisee remains responsible for all debts, losses, costs, and expenses incurred during operations. Deck Medic will not be liable for any financial obligations of the franchisee's business to creditors for products, materials, supplies, or services purchased.
Deck Medic retains the right to charge a reasonable fee for these management services and can discontinue providing them at any time. This means that franchisees need to remain actively involved and financially responsible for their Deck Medic business, even if a manager is appointed by the franchisor to oversee operations.