If a Deck Medic franchisee is an individual and dies, what qualifications must the appointed manager meet?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ion with a Transfer of this Agreement, approved by Franchisor in accordance with and subject to this Article 14 and the terms and conditions of this Agreement; and
- (19) Franchisor's consent to a Transfer of any interest that is subject to the restrictions of this Agreement shall not constitute a waiver of any claims it may have against Franchisee or deemed a waiver of Franchisor's right to demand strict and exact compliance with this Agreement by the transferee.
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. 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, if a franchisee is an individual and not a corporation, upon their death or permanent disability, their executor, administrator, conservator, or other personal representative must appoint a manager within 30 days. This manager must meet the equivalent qualifications of an Operating Manager.
The appointed manager must also serve and qualify as an Operating Manager and successfully complete the Deck Medic Training Program within 60 days of their appointment. If a Franchisor-approved Operating Manager is not managing the Deck Medic business within 30 days after the franchisee's death or disability, 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.
To qualify as an Operating Manager, the manager must meet all of Deck Medic's minimum training and brand quality control standards for managers as outlined in the Operations Manual. They must also successfully complete Deck Medic's Training Program, sign a Confidentiality Agreement, and agree in writing to assume responsibility for the on-site management and supervision of the franchised business. This ensures that the business continues to operate according to Deck Medic's standards and protects the brand's interests during the transition period.