What is the reasonable time frame for appointing a manager after the permanent disability of a Deck Medic franchisee who is an individual?
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 becomes permanently disabled, their representative must appoint a manager within a reasonable time, not exceeding 30 days from the date of the disability. This appointed manager must meet the standards of an Operating Manager, which includes completing the Deck Medic training program within 60 days of their appointment.
If the Deck Medic business is not managed by a franchisor-approved Operating Manager within that initial 30-day period, Deck Medic has the option, but not the obligation, to appoint a manager to oversee the business. This manager would operate the business on behalf of the franchisee, but at the franchisee's expense, until an approved Operating Manager is in place.
This stipulation ensures business continuity and adherence to Deck Medic's standards even in the event of a franchisee's disability. It also places the onus on the franchisee's representative to find a qualified manager quickly, or risk having Deck Medic step in and manage the business at the franchisee's cost. The franchisee should be aware of the requirements for an Operating Manager to ensure a smooth transition.