Does Dryer Vent Squad have to approve all individuals attending and participating in the Training Program and all Supplemental Training programs?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
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 Dryer Vent Squad 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 Dryer Vent Squad 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 Dryer Vent Squad Business. Franchisor's appointment of a manager for Franchisee's Dryer Vent Squad
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 Dryer Vent Squad 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 Dryer Vent Squad Business or to any creditor of Franchisee for any products, materials, supplies or services purchased by Franchisee's Dryer Vent Squad Business. Franchisor has the right to charge a reasonable fee (the "Management Service Fees") for such management services and may cease to provide management services at any time.
- (2) If Franchisee is a Corporate Entity, upon the death or permanent disability of Franchisee's Managing Owner, the remaining Owners within a reasonable time, which shall not exceed 30 days from the date of death or permanent disability, must appoint a new Managing Owner that is approved by Franchisor.
The appointed Managing Owner must attend and successfully complete the Training Program within 60 days of the appointment.
If Franchisee's Dryer Vent Squad Business is not being managed by a Franchisor approved Managing Owner (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 Dryer Vent Squad Business for, and on behalf of, Franchisee at Franchisee's sole costs until an approved Managing Owner is able to assume the management and operation of Franchisee's Dryer Vent Squad Business.
Franchisor's appointment of a manager for Franchisee's Dryer Vent Squad 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 Dryer Vent Squad 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 Dryer Vent Squad Business or to any creditor of Franchisee for any products, materials, supplies or services purchased by Franchisee's Dryer Vent Squad Business.
Franchisor has the right to charge a reasonable fee for such management services and may cease to provide management services at any time.
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad FDD, in the event of the death or permanent disability of a Dryer Vent Squad franchisee, the executor, administrator, conservator, or other personal representative must appoint a manager that meets the equivalent of an Operating Manager within 30 days. This appointed manager must then serve, qualify, and successfully complete the Training Program within 60 days of their appointment. Dryer Vent Squad must approve this Operating Manager.
If the Dryer Vent Squad business is not being managed by a Dryer Vent Squad approved Operating Manager within 30 days after the death or permanent disability of the franchisee, Dryer Vent Squad is authorized to appoint a manager to maintain the operations of the Dryer Vent Squad business on behalf of the franchisee, at the franchisee's sole cost, until an approved Operating Manager can assume management. Dryer Vent Squad also has the right to charge a reasonable fee for these management services and may stop providing them at any time.
If the Dryer Vent Squad franchisee is a corporate entity, and upon the death or permanent disability of the Managing Owner, the remaining owners must appoint a new Managing Owner approved by Dryer Vent Squad within 30 days. The appointed Managing Owner must attend and successfully complete the Training Program within 60 days of the appointment. If the Dryer Vent Squad business is not managed by a Dryer Vent Squad approved Managing Owner within 30 days after such death or permanent disability, Dryer Vent Squad can appoint a manager to maintain operations at the franchisee's cost until an approved Managing Owner is ready. Dryer Vent Squad can charge a fee for these services and may cease them at any time.