If I can no longer serve as the Implementer for my Eos Worldwide franchise, what am I required to do?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
2.8 Implementer.
- (a) We authorize only one (1) individual person to act as the designated Implementer for each Franchise. Therefore, only you may act as an EOS Implementer ("Implementer") for the Franchise. Only the Implementer attends Franchisor training and franchisee events (e.g., QCEs) and provides Services on behalf of your Franchised Business to Clients as described in the Operations Manual (as defined below) ("Implementer Services"). Franchisees that form Business Entities (as defined in Section 19 below) for the operation of their Franchised Businesses may have multiple owners, shareholders, partners, operators, directors, or managers, but only you may serve as the designated Implementer (and not any such other individuals). As between you and your Business Entity, if any, or any other owners, shareholders, employees, partners, operators, directors, or managers, you will (i) be responsible for the operation of the Franchised Business under this Agreement and all decisions made on behalf of the Franchised Business; (ii) have the authority on behalf of the Franchise to bind it in any dealings with us and our affiliates; and (iii) direct any action necessary to ensure compliance with this Agreement and any other agreements relating to the Franchised Business, and Franchisor may therefore rely on any and all directions, elections, information and other communication from you.
- (b) You shall perform the obligations under this Agreement faithfully and honestly, shall continuously exert best efforts to promote and enhance your Franchised Business and the EOS Franchise System, and shall not engage in any other business or activity that conflicts with your obligations to operate the Franchise, for the full Term, including any subsequent renewal thereof.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 52–53)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide FDD, only one individual is authorized to act as the designated Implementer for each franchise. This individual must attend franchisor training and franchisee events and provide services on behalf of the franchised business. If the franchisee forms a business entity, only the franchisee can serve as the designated Implementer, not any other owners, shareholders, or managers.
The franchisee is responsible for the operation of the franchised business and all decisions made on its behalf. They have the authority to bind the franchise in dealings with Eos Worldwide and must ensure compliance with the franchise agreement. Eos Worldwide can rely on any communication from the franchisee.
The franchisee must perform their obligations faithfully, exert their best efforts to promote the business, and not engage in any conflicting activities for the full term of the agreement. If a franchisee no longer serves as the Implementer, the franchise agreement does not specify any particular action that must be taken, but given the stipulations in section 2.8, it is likely that the franchise agreement would be in jeopardy of being terminated if the franchisee is no longer able to fulfill their obligations as the Implementer.