What are the Deck Medic franchisee's obligations regarding site selection and acquisition/lease as described in Item 9, and how does this relate to the franchisor's assistance in Item 11?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ibed below in this Item 11 in more detail.
Site Selection
If permitted by local law, you may operate your Deck Medic Business from a home based administrative office. Otherwise, you are responsible for selecting a site for your administrative office and must obtain our approval of your selected location. If you elect to establish an operations center comprised of a non-retail back-office facility to support the operations of your Deck Medic Business, including maintaining inventory, staging service visits, and parking your service vehicle, you are responsible for selecting and securing a site within your Operating Territory. We do not typically own or lease the real property that will serve as your administrative office and/or operations center and you are responsible for all costs and expenses in locating and evaluating proposed sites for your administrative office. We will provide you with site selection guidelines.
Within 30 days of our written receipt and submission of all information and documentation that we may request, we will respond to your proposed request for our approval or disapproval of the proposed location of your administrative office. Factors that into consideration include characteristics of the proposed site, whether or not the proposed site meets our criteria for non-retail back-office operations, and the location of your proposed site relative to your overall Operating Territory and proximity to other franchisee operating territories.
Since you may administratively manage your Deck Medic Business from your home there is no required time period within which you must secure a commercial office location. If you do not meet our requirements for site selection, we may terminate your Franchise Agreement without refunding any fees to you. It is your obligation to consult with government agencies, architects and legal professionals to evaluate and determine that your site permits the establishment and operation of the Franchised Business and that you possess the necessary licenses and authority to operate the Franchised Business. (Franchise Agreement, Article 3).
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, franchisees have specific responsibilities regarding site selection for their administrative office or operations center. Deck Medic franchisees may manage their business from a home-based office if local laws permit. However, if a franchisee chooses to lease a separate administrative office or operations center, they are responsible for selecting a site within their operating territory, subject to Deck Medic's approval. Deck Medic does not typically own or lease these properties and the franchisee bears all costs associated with locating and evaluating potential sites. Deck Medic will provide site selection guidelines to assist franchisees in this process.
Deck Medic's assistance with site selection is limited to reviewing and approving the franchisee's chosen location. Within 30 days of receiving all required information and documentation, Deck Medic will respond to the franchisee's request for approval or disapproval. Factors considered include the site's characteristics, whether it meets Deck Medic's criteria for non-retail back-office operations, and its location relative to the franchisee's operating territory and other franchisees.
The franchisee is obligated to ensure the site is suitable for operating the Deck Medic business. This includes consulting with government agencies, architects, and legal professionals to confirm that the site allows for the establishment and operation of the franchised business and that the franchisee possesses all necessary licenses and authority. Failure to meet Deck Medic's site selection requirements may result in termination of the Franchise Agreement without a refund of fees. Deck Medic does not provide assistance in delivering or installing signs and equipment.