Where in this table is the designated Managing Owner's name to be specified for a Deck Medic franchise?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
"Owner" refers to and means collectively, individually, jointly and, as of the Effective Date: (a) the officers and directors of Franchisee (including the officers and directors of any general partner of Franchisee) who hold an ownership interest in Franchisee; (b) the managing member or manager of Franchisee, if franchisee is a limited liability company; (c) all holders of a 5% or more direct or indirect ownership interest in Franchisee and/or of any entity directly or indirectly controlling Franchisee; and (d) the Managing Owner(s).
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.
At all times, including while Franchisee's Deck Medic Business may be managed by Franchisor's appointed manager, Franchisor shall not be liable for any debts, losses, costs, or expenses incurred in the operations of Franchisee's Deck Medic Business or to any creditor of Franchisee for any products, materials, supplies or services purchased by Franchisee's Deck Medic Business.
Franchisor has the right to charge a reasonable fee (the "Management Service Fees") for such management services and may cease to provide management services at any time.
- (2) If Franchisee is a Corporate Entity, upon the death or permanent disability of Franchisee's Managing Owner, the remaining Owners within a reasonable time, which shall not exceed 30 days from the date of death or permanent disability, must appoint a new Managing Owner that is approved by Franchisor.
The appointed Managing Owner must 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 Managing Owner (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 Managing Owner 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
The Managing Owner, at all times, must participate (on a full time basis) in the day-to-day operations of the Franchised Business.
- "Operating Manager" refers to and means the Manager designated by Franchisee or Franchisee's Managing Owner, that is charged with the obligation and responsibility to supervise and manage the dayto-day operations of the Franchised Business.
At all times, the Operating Manager must: (a) meet all of Franchisor's minimum training and brand quality control standards and criteria for managers as may be set forth in the Operations Manual; (b) successfully complete Franchisor's Training Program; (c) sign the Confidentiality Agreement; and (d) agree, in writing, to assume responsibility for the on-site management and supervision of the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Deck Medic Franchise Disclosure Document, the excerpts provided do not contain a table that specifies where the Managing Owner's name should be designated. However, the term "Managing Owner" is defined within Item 23. Specifically, if the franchisee is a corporate entity and the Managing Owner dies or becomes permanently disabled, the remaining owners must appoint a new Managing Owner approved by Deck Medic within 30 days. This appointed Managing Owner is then required to attend and successfully complete the Training Program within 60 days of their appointment.
Furthermore, the Managing Owner is obligated to participate full-time in the daily operations of the franchised Deck Medic business. The FDD excerpts also define an "Operating Manager" as someone designated by the franchisee or the Managing Owner to supervise and manage the day-to-day operations. This Operating Manager must meet Deck Medic's training and brand quality control standards, complete the Training Program, sign a Confidentiality Agreement, and agree in writing to assume responsibility for on-site management.
To determine where the Managing Owner's name is officially recorded or specified, a prospective franchisee should ask Deck Medic's franchisor directly. Clarification should be sought regarding the specific documents or forms where this information is required, as well as the process for updating this information if the Managing Owner changes.