What is the Devon Creek franchisee's obligation if the General Manager is no longer able to serve?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
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 in their capacity or no longer qualifies to act as such, the franchisee must promptly notify Devon Creek. The franchisee then has thirty (30) days to designate a replacement manager. This replacement must meet the same qualifications as the original General Manager, including completing all required training and obtaining all certifications required by Devon Creek.
During the period between the departure of the previous General Manager and the designation of a replacement, the franchisee is responsible for providing interim management for the Franchised Business. This interim management must operate in accordance with the terms outlined in the franchise agreement.
This requirement ensures that each Devon Creek franchise maintains a qualified manager at all times, which helps to uphold brand standards and operational efficiency. For a prospective franchisee, this means being prepared to quickly find and train a suitable replacement General Manager should the need arise, or to personally manage the business in the interim. Failing to do so could result in a breach of the franchise agreement.