Is Ella Cafe franchisee required to have its Principal Executive attend additional training courses designated by the franchisor?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
ng or continued operation of the Franchised Business, and should Franchisor deem it necessary and appropriate in its sole discretion, Franchisee shall pay Franchisor's then-current standard rates, plus expenses, for such additional assistance.
5.4. Additional and/or Remedial Training.
- 5.4.1. Franchisee will cause its Principal Executive, and other employees that Franchisor designates to attend such additional courses, seminars, and other training programs which may be offered in various formats, including but not limited to, third-party providers, online training, regional meetings or seminars, traditional classroom training, and programs offered at Franchisor's Conference. Franchisor or third-party providers may charge tuition for such additional courses, seminars, or other training programs, and Franchisee is responsible for all training-related costs and expenses including, without limitation, tuition/attendance fees, salary, travel, lodging, and dining costs for all of Franchisee's attendees who participate in the training.
- 5.4.2. At any time during the Term of this Agreement, if Franchisee requests, or if Franchisor determines in its sole discretion it is necessary, Franchisor will provide Franchisee onsite remedial training, subject to the availability of Franchisor's personnel. If such remedial training occurs, Franchisee will pay Franchisor the per diem fee then being charged for on-site remedial training and pay or reimburse Franchisor for the expenses incurred by Franchisor's representatives, including the costs of travel, lodging, and meals. The Principal Executive shall use reasonable efforts to attend all in-person meetings and remote meetings (such as telephone conference calls) that Franchisor requires, including any national or regional brand conventions. Franchisee shall not permit the Principal Executive to fail to attend more than three consecutive required meetings.
5.5 Post-Opening Assistance.
- (a) Advice, Consulting, and Support. If Franchisee requests, Franchisor will provide advice to Franchisee (by telephone or electronic communication) regarding improving and developing Franchisee's business, and resolving operating problems Franchisee encounters, to the extent Franchisor deems reasonable. If Franchisor provides in-person support in response to Franchisee's request, Franchisor may charge its then-current fee plus any out-of-pocket expenses (such as travel, lodging, and meals for employees providing onsite support).
- (b) Pricing. Upon request, Franchisor will provide recommended prices for products and services offered by franchisees of the System.
- (c) Procedures.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, franchisees are required to ensure their Principal Executive attends additional training courses, seminars, and programs that Ella Cafe may offer. These may be in various formats, including third-party providers, online training, regional meetings or seminars, traditional classroom training, and programs offered at Ella Cafe's Conference.
Franchisees are responsible for all training-related costs, including tuition or attendance fees, salary, travel, lodging, and dining costs for all attendees. Additionally, the Principal Executive should make reasonable efforts to attend all in-person and remote meetings that Ella Cafe requires, such as telephone conference calls and national or regional brand conventions, with a limit of no more than three consecutive missed meetings.
Ella Cafe also may provide on-site remedial training if the franchisee requests it or if Ella Cafe determines it necessary. In such cases, the franchisee will pay Ella Cafe the per diem fee for on-site remedial training and reimburse Ella Cafe for the expenses incurred by their representatives, including travel, lodging, and meals.
If the Principal Executive will not devote full-time efforts to the management and operation of the Ella Cafe, then the franchisee must appoint a District Manager who must complete the initial and all additional required training to Ella Cafe's satisfaction. The District Manager must also devote full-time efforts to the coffee house and cannot engage in other business activities requiring substantial responsibility or time commitment.