Who must approve individuals attending and participating in the Deck Medic Training Program and all Supplemental Training programs?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
y 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.
- (2) If Franchisee is a Corporate Entity, upon the death or permanent disability of Franchisee's Managing Owner, the remaining Owners within a reasonable time, which shall not exceed 30 days from the date of death or permanent disability, must appoint a new Managing Owner that is approved by Franchisor. The appointed Managing Owner must attend and successfully complete the Training Program within 60 days of the appointment. If Franchisee's Deck Medic Business is not being managed by a Franchisor approved Managing Owner (as applicable) within 30 days after such death or permanent disability, Franchisor is authorized, but is not required, to immediately appoint a manager to maintain the operations of Franchisee's Deck Medic Business for, and on behalf of, Franchisee at Franchisee's sole costs until an approved Managing Owner is able to assume the management and operation of Franchisee's Deck Medic Business. 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.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the franchisor must approve certain individuals who attend the Training Program. Specifically, if a franchisee is a corporate entity and the Managing Owner dies or becomes permanently disabled, the remaining owners must appoint a new Managing Owner within 30 days, and this new Managing Owner must be approved by Deck Medic. This approved Managing Owner is then required to attend and successfully complete the Training Program within 60 days of their appointment.
Similarly, if the franchisee is an individual and not a corporate entity, upon the death or permanent disability of the franchisee, their personal representative must appoint a manager that meets the equivalent of an Operating Manager within 30 days. This appointed manager must also be approved by Deck Medic and must attend and successfully complete the Training Program within 60 days of their appointment.
Furthermore, the Operating Manager, who is responsible for supervising the day-to-day operations of the franchised business, must meet Deck Medic's minimum training and brand quality control standards, successfully complete the Training Program, sign a Confidentiality Agreement, and agree in writing to assume responsibility for the on-site management and supervision of the franchised business. While the document specifies who must attend the training program, it does not explicitly state who must approve individuals attending and participating in all Supplemental Training programs. A prospective franchisee should seek clarification from Deck Medic regarding the approval process for individuals attending Supplemental Training programs.