If a Deer Solution franchisee is an individual and becomes permanently disabled, how long does their representative have to appoint a manager?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 Deer Solution 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 Deer Solution 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 Deer Solution Business.
Franchisor's appointment of a manager for Franchisee's Deer Solution 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 Deer Solution 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 Deer Solution Business or to any creditor of Franchisee for any products, materials, supplies, or services purchased by Franchisee's Deer Solution Business.
Franchisor has the right to charge a Management Service Fee for such management services and may cease to provide management services at any time.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, if a franchisee is an individual and becomes permanently disabled, their executor, administrator, conservator, or other personal representative must appoint a manager within a "reasonable time", specifically not exceeding 30 days from the date of the permanent disability. This appointed manager must meet the standards of an Operating Manager.
The appointed manager must also attend and successfully complete the Deer Solution Training Program within 60 days of their appointment. This ensures that the manager is properly trained to operate the Deer Solution business according to the franchisor's standards.
If a manager approved by Deer Solution is not managing the business within 30 days of the franchisee's disability, Deer Solution is authorized, but not required, to appoint a manager to maintain operations. This manager will operate the business on behalf of the franchisee, with all costs borne by the franchisee. Deer Solution can also charge a Management Service Fee for these services and may discontinue them at any time. It is important to note that the franchisee remains responsible for all obligations under the Franchise Agreement, even if Deer Solution appoints a manager.