If a Deck Medic franchisee is an individual and dies, how long does their representative have to appoint a manager?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
14.D. DEATH OR DISABILITY OF FRANCHISEE OR AN OWNER
- (1) If Franchisee is an individual and not a Corporate Entity, upon the death or permanent disability of Franchisee, the executor, administrator, conservator or other personal representative of Franchisee, must appoint a manager that meets the equivalent of an Operating Manager within a reasonable time, which shall not exceed 30 days from the date of death or permanent disability.
The appointed manager (as applicable) must serve and qualify as an Operating Manager and 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 Operating Manager (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 Operating Manager is able to assume the management and operation of Franchisee's Deck Medic Business.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, if a franchisee is an individual and not a corporation, their executor, administrator, conservator, or other personal representative has a limited time to appoint a manager. This manager must meet the standards of an Operating Manager.
The representative has a "reasonable time" but no more than 30 days from the date of death or permanent disability to appoint a manager approved by Deck Medic. The appointed manager must also meet certain qualifications. Specifically, they must serve and qualify as an Operating Manager and attend and successfully complete the Deck Medic Training Program within 60 days of their appointment.
If the Deck Medic business is not being managed by a franchisor-approved Operating Manager within that 30-day window, Deck Medic has the right, but not the obligation, to appoint a manager to oversee the business. This would be at the franchisee's expense until an approved Operating Manager can take over the business's management and operation. This ensures the Deck Medic business continues to operate according to the franchise's standards even in unforeseen circumstances.