What is the Devon Creek franchisee's responsibility regarding the safety of their clients?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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- 12.4 Safety and Security. Franchisee is solely responsible for the safe and secure operation of the Franchised Business and the services provided thereby for Franchisee, Franchisee's personnel, customers, agents and the general public. All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
- 12.5 Prices. Subject to applicable law, Franchisor may recommend or set maximum prices for
services and products offered by Franchisee, which may vary depending on geographic and other market conditions. Franchisee acknowledges that Franchisor has made no guarantee or warranty that offering services or products at any particular price will enhance Franchisee's sales or profits.
- 12.6 Employee Background Check. Franchisee shall conduct a background review of every prospective employee's criminal history and any other histories (such as motor vehicle, medical and/or credit histories) that are required by state and local laws, regulations, and ordinances and/or that Franchisee determines to be necessary and appropriate, prior to hiring. Franchisee shall not hire any prospective employee for any position involving entrance to a residence if such prospective employee's background review indicates, in Franchisee's sole discretion, a propensity for violence, dishonesty, negligent, reckless or careless behavior, or a conviction for any violent crime reasonably related to the prospective employee's employment. Notwithstanding the foregoing, all matters of employment and the safety of Franchisee's customers and their clients are within Franchisee's discretion and control.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees are solely responsible for the safety and security of their business operations. This responsibility extends to the franchisee themselves, their personnel, customers, agents, and the general public.
Devon Creek emphasizes that all matters of safety and security fall within the franchisee's discretion and control. Franchisees are expected to manage these aspects independently. Furthermore, the franchisee's indemnification obligations, as detailed in Section 15.6 of the agreement, apply to any claims made against Devon Creek regarding safety or security issues arising from the franchisee's operations.
In addition to general safety responsibilities, Devon Creek requires franchisees to conduct background checks on prospective employees before hiring, particularly for positions involving entrance to a residence. Franchisees must review criminal history and any other histories required by local laws or deemed necessary by the franchisee. The franchisee has the discretion to not hire anyone with a propensity for violence, dishonesty, or negligent behavior, or a conviction for any violent crime reasonably related to the employment. Devon Creek will not be liable for any act or omission of the franchisee or their employees, and the franchisee is obligated to indemnify Devon Creek against any claims arising from such acts or omissions.