If a Deer Solution franchisee is an individual and dies, how long does their representative have to appoint a manager?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 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 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 not a corporate entity, their representative (executor, administrator, conservator, etc.) has a limited time frame to appoint a manager. Specifically, the representative must appoint a manager who meets the standards of an Operating Manager within 30 days from the date of the franchisee's death or permanent disability.
This appointed manager must then qualify as an Operating Manager and successfully complete Deer Solution's training program within 60 days of their appointment. If the Deer Solution business is not being managed by a franchisor-approved Operating Manager within that initial 30-day period, Deer Solution has the right, but not the obligation, to appoint a manager to oversee the business's operations on behalf of the franchisee. The franchisee will bear the costs associated with this arrangement.
It's important to note that Deer Solution's appointment of a manager does not relieve the franchisee of their obligations under the franchise agreement, nor does it waive Deer Solution's right to terminate the agreement if necessary. Furthermore, Deer Solution is not liable for any debts, losses, costs, or expenses incurred during the operations of the franchisee's business, even if managed by Deer Solution's appointed manager. Deer Solution also has the right to charge a Management Service Fee for these services and can discontinue providing them at any time.
For prospective franchisees, this clause highlights the importance of succession planning. In the event of death or disability, having a plan in place to quickly appoint a qualified manager can help ensure the continuity of the Deer Solution business and minimize potential disruptions. The franchisee or their estate remains responsible for all obligations, even if Deer Solution steps in to manage the business temporarily.