What is the Devon Creek franchisee required to do if the General Manager no longer qualifies to act as such?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
isor's sole discretion. - 11.4.2.3. Shall satisfy the training requirements set forth in Article 7.
- 11.4.3. If the General Manager is not able to continue to serve in such capacity, or no longer qualifies to act as such in accordance with this Agreement, Franchisee shall promptly notify Franchisor and designate a replacement manager within thirty (30) days after the General Manager ceases to serve, such replacement being subject to the same qualifications required by this Agreement (including, but not limited to, completing all training and obtaining all certifications required by Franchisor). Until such replacement is designated, Franchisee shall provide for interim management of the Franchised Business, who shall act in accordance with the terms of this Agreement.
Any failure to comply with the requirements of this Section shall be deemed a material event of default under this Agreement. Franchisor, in Franchisor's sole discretion, may provide interim management support and charge Franchisee the thencurrent interim management support fee until a replacement General Manager is properly trained or certified in accordance with Franchisor's requirements. Franchisee shall pay the interim management support fee, plus any and all costs of travel, lodging, meals and other expenses reasonably incurred by Franchisor, upon written demand by Franchisor, or Franchisor may withdraw such amounts from Franchisee's designated bank account in accordance with Section 6.1.4.
- 11.5 Legal Compliance.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, if the General Manager is no longer able to serve or no longer qualifies, the franchisee must promptly notify Devon Creek. The franchisee then has 30 days to designate a qualified replacement manager. This replacement must meet Devon Creek's standards, complete all required training, and obtain necessary certifications.
During the time before a replacement is found, the franchisee is responsible for providing interim management that adheres to the terms of the franchise agreement. Failure to comply with these requirements is considered a material breach of the agreement.
Devon Creek, at its discretion, can provide interim management support until a replacement General Manager is properly trained and certified. The franchisee is responsible for paying Devon Creek's then-current interim management support fee, along with all costs of travel, lodging, meals, and other expenses reasonably incurred by Devon Creek. These amounts are payable upon written demand, or Devon Creek may withdraw them from the franchisee's designated bank account.