Can Deck Medic cease providing management services after the death of a franchisee?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic has the right to charge a reasonable fee for management services and may cease to provide management services at any time.
If a Deck Medic franchisee is an individual and not a corporate entity, upon their death, the executor must appoint a manager that meets the equivalent of an Operating Manager within 30 days of the death. The appointed manager must qualify as an Operating Manager and complete the Training Program within 60 days of appointment. If the Deck Medic business is not managed by an approved Operating Manager within 30 days after the franchisee's death, Deck Medic is authorized, but not required, to appoint a manager to maintain operations at the franchisee's expense until an approved Operating Manager can take over.
For corporate entities, if the Managing Owner dies or becomes permanently disabled, the remaining owners have 30 days to appoint a new Managing Owner approved by Deck Medic. The new Managing Owner must attend and complete the Training Program within 60 days of their appointment. If the Deck Medic business is not managed by an approved Managing Owner within 30 days after the death or disability, Deck Medic can appoint a manager to maintain operations at the franchisee's cost until an approved Managing Owner is in place.