What are the responsibilities of a Deck Medic franchise owner to the franchisor, as outlined in the manual?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
"Operations Manual" refers to and means, individually and collectively, the manual(s) designated by us and relating to the development and/or operations of Deck Medic Businesses including, but not limited to, the policies, procedures and requirements for the development and operation of Deck Medic Businesses. The Operations Manual may consist of one or more volumes, handbooks, manuals, written materials, videos, electronic media files, cloud/internet based list-service, intranet, internet based and accessed databases, computer media, email, webinars and other materials as may be modified, added to, replaced or supplemented by us from time to time in our Reasonable Business Judgment, whether by way of supplements, replacement pages, franchise bulletins, or other official pronouncements or means. Subject to our modification from time to time and based on our Reasonable Business Judgment, the Operations Manual shall, among other things, designate the Approved Services and Products that must be offered and sold by the Franchised Business and the System Supplies that must be exclusively utilized by the Franchised Business.
7.A. OPERATING REQUIREMENTS
At all times, Franchisee and the Franchised Business shall, as designated by Franchisor in the Operations Manual and/or as otherwise designated by Franchisor in writing and, as may be modified by Franchisor from time to time: (a) exclusively offer and sell the Approved Services and Products; (b) exclusively purchase and use the System Supplies; (c) maintain a complete and updated inventory and supply of System Supplies; (d) maintain, update, replenish and replace Franchisee's System Supplies; (e) maintain, update, replenish and recondition Franchisee's Administrative Office; and (f) maintain Franchisee's Service Vehicles and System Supplies in a clean and safe condition and in conformity with the brand standards related to the Licensed Marks and System.
11.F. OWNERSHIP OF INNOVATIONS, IMPROVEMENTS AND INFORMATION
Franchisee agrees that with regard to the Franchised Business, all customer lists, including the contents and information contained in all customer lists, constitute Confidential Information and an asset of Franchisor whether or not such information was supplied by Franchisor. During the Term, and in connection with the development, establishment, marketing, promotion and operation of the Franchised Business, Franchisee shall disclose to Franchisor all of Franchisee's ideas, concepts, methods, and products conceived or developed by Franchisee, any Owner, and/or Franchisee's affiliates, officers, directors, shareholders, partners, agents, members, representatives, independent contractors, servants and employees relating to the development and operation of Deck Medic Businesses and the System. Franchisee hereby assigns to Franchisor, and Franchisee agrees to procure an assignment of any such ideas, concepts, methods, and products that Franchisee is required to disclose to Franchisor under this Article 11.F. from each Owner and Franchisee's affiliates, officers, directors, shareholders, partners, agents, members, representatives, independent contractors, servants and employees. Franchisor shall have no obligation to tender any lump sum payment, on-going payments, or any other consideration to Franchisee, any Owner, each Owner and Franchisee's affiliates, officers, directors, shareholders, partners, agents, members, representatives, independent contractors, servants and employees with respect to any such idea, concept, method, technique or product. Franchisee agrees that Franchisee shall not use, or allow any other person or entity to use, any such concept, method, technique, or product without obtaining Franchisor's prior written approval.
12.A. MAINTENANCE AND PRESERVATION OF RECORDS
Franchisee shall maintain during the Term and preserve for at least three years from the dates of their preparation, full, complete and accurate books, records, and accounts from the Franchised Business. Such records shall be maintained and preserved in the form and manner by Franchisor in the Operations Manual or otherwise in writing.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the Operations Manual outlines several responsibilities for franchisees. The Operations Manual contains the policies, procedures, and requirements for developing and operating a Deck Medic business. This includes designating the approved services and products that must be offered and sold, as well as the system supplies that must be exclusively used. The manual may be modified or supplemented by Deck Medic from time to time.
Deck Medic franchisees must offer and sell only the approved services and products, and they must exclusively purchase and use the designated system supplies. Franchisees are also required to maintain a complete and updated inventory of these system supplies, ensuring they are regularly updated, replenished, and replaced as needed. The administrative office must be maintained, updated, replenished, and reconditioned according to Deck Medic's standards. Additionally, service vehicles and system supplies must be kept in a clean and safe condition, adhering to the brand standards related to the licensed marks and the overall system.
Furthermore, Deck Medic franchisees are obligated to disclose to Deck Medic any ideas, concepts, methods, and products they conceive or develop related to the Deck Medic business. These innovations are then assigned to Deck Medic, without any obligation for Deck Medic to provide compensation. Franchisees are prohibited from using these concepts or allowing others to use them without prior written approval from Deck Medic. Franchisees must also maintain full, complete, and accurate books, records, and accounts of the franchised business for at least three years, in the form and manner prescribed in the Operations Manual or in writing by Deck Medic.