Must the Designated Employees be acceptable to Engineering For Kids at all times during their employment?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
nd the same training session(s). We reserve the right to charge a reasonable fee for additional personnel attending training, or for re-training persons who are repeating the course or replacing a person who did not pass. For all training, including initial training, you are responsible for any travel expenses, living expenses, wages, and other expenses incurred by your trainees.
6. OPERATIONS
6.1. Compliance with Standards and System Changes
You agree to comply with all mandatory standards, specifications and operating procedures set forth from time to time in our Manual. You acknowledge that the services and operation of your Franchised Business, accounting practices, record keeping and reporting practices, and software are important to us and our other franchisees. However, you acknowledge that we have the right to vary our standards and specifications, in our reasonable judgment, to accommodate circumstances of individual franchisees. We have the right from time to time to change or modify the System, including modifications to the Manual, the Programs, Proprietary Materials, curriculum, approved suppliers, the required equipment, the signage, and other aspects of the Franchised Business, the adoption of new administrative forms and methods of reporting and payment of any monies owed to us (including electronic means of reporting and payment). You agree to accept and implement any such changes or modifications to the System as if they were a part of the System at the time this Agreement was signed, and you will make such expenditures as the changes or modifications in the System may reasonably require. However, if any discontinued portion of the System, could pose a hazard to the public or prove detrimental to the System, you must cease selling that item or offering that service immediately.
6.2. Programs and Services You May Offer
You may offer customers only the Programs and other products and services that we have expressly authorized in writing for Engineering For Kids Businesses to offer, as further provided in Section 7 of this Agreement. We may make this designation in the Manual or otherwise in writing. We have the right to change the authorized Programs, Proprietary Materials and other curricula, products and services (provided that offering educational programs in the fields of math, science, technology, and engineering will remain a core offering), and we may designate specific Programs, products or services as optional or mandatory.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
The 2025 Engineering For Kids Franchise Disclosure Document does not explicitly state that designated employees must be acceptable to Engineering For Kids at all times during their employment. However, the document does emphasize the importance of maintaining brand standards and the franchisor's right to oversee various aspects of the business. Section 6.1 of the franchise agreement states that the franchisee must comply with all mandatory standards, specifications, and operating procedures set forth in the manual, and that Engineering For Kids has the right to vary these standards to accommodate individual franchisees. This suggests that Engineering For Kids maintains some level of oversight over the operations of the franchised business, which could extend to employee-related matters.
Section 6.4 requires franchisees to maintain equipment, supplies, and uniforms used by employees in accordance with Engineering For Kids' standards. This indicates that Engineering For Kids sets standards for employee appearance and the tools they use, implying some level of control over employee-related aspects. Additionally, Section 17.5 states that franchisees must require employees to execute covenants similar to those in Section 12 and Section 17, which relate to non-disclosure and non-competition. This shows that Engineering For Kids is concerned with protecting its confidential information and preventing competition, and that franchisees must ensure their employees are bound by these obligations.
While the FDD does not directly address the ongoing acceptability of employees, the emphasis on brand standards, operational procedures, and the requirement for employees to sign non-disclosure and non-competition agreements suggest that Engineering For Kids has an interest in the quality and conduct of the franchisee's staff. A prospective franchisee should clarify with Engineering For Kids during their due diligence process the specific criteria or procedures, if any, for ensuring that employees remain acceptable to the franchisor throughout their employment.