What is the Devon Creek franchisee's responsibility regarding the safety of their customers?
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, the franchisee is solely responsible for the safety and security of their business operations. This responsibility extends to the franchisee, their personnel, customers, agents, and the general public. This means the franchisee must ensure a safe environment and services for everyone involved.
Devon Creek emphasizes that all matters of safety and security are within the franchisee's discretion and control. The franchisee is expected to make decisions and implement measures to maintain safety. 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 at the franchise location. This means the franchisee is responsible for covering any losses or expenses Devon Creek incurs due to safety-related claims 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, especially 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. They are prohibited from hiring individuals with a propensity for violence, dishonesty, negligence, or a conviction for violent crimes reasonably related to the job. However, the document reiterates that all employment matters and customer safety remain within the franchisee's discretion and control.
Devon Creek makes it clear that it will not be liable for any actions or omissions of the franchisee or their employees. The franchisee's indemnification obligations cover any claims, demands, or actions against Devon Creek arising from the franchisee's or their employees' actions, including refusal to hire, discrimination claims, or torts committed by employees. This comprehensive allocation of responsibility and liability underscores the importance of franchisees prioritizing safety and security in all aspects of their Devon Creek business.