As a Gokhale Method franchisee, am I considered an employee of Gokhale Method?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
e schedule.
8. YOUR DUTIES
8.1. Operating Standards. You understand and acknowledge that every detail of the System and the Franchised Business is important for delivering a high quality service and product, and therefore it is important to you, us, and other Gokhale Method teachers in order to develop and maintain high operating standards, to increase the demand for the services and products sold by all franchised businesses operating under the System, to protect and enhance our reputation and goodwill, to promote and protect the value of the Marks.
To those ends, you agree to comply with our operating standards as expressed in this Agreement, the Teacher's Manual, and in Policy Statements. You understand that we have the right to suspend your right to teach, or that we may terminate this Agreement, if you fail to maintain our Operating Standards. You agree that you will not teach, administer, advise or represent any method, healing regimen or protocol, or any other activity that is not part of the Gokhale System as being part of the Gokhale System or Gokhale Method unless it has previously been approved by us in writing for your use as such.
8.2. Approved Formats. You agree to sell, offer for sale and deliver to students only the Gokhale System in Approved Formats and any related classes, services and products as have been expressly approved in writing by us and for which you have been qualified; to refrain from any deviation from our standards
and specifications without our prior written consent; and to discontinue selling and offering for sale any Gokhale Method branded class, service, product, merchandise, and equipment which we may, in our discretion, disapprove in writing at any time. The current schedule of Approved Formats and requirements for them is annexed as Exhibit B.
- 8.3. Personal Involvement. You may not, under any circumstances allow other persons to teach the Gokhale System without our express, written consent. You may not delegate, franchise or employ others to carry out the duties of this Franchise Agreement.
- 8.4. Required Training. You agree to attend any and all required continuing training, as defined in 7.2.
- 8.5.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
The 2024 Franchise Disclosure Document does not explicitly state that a Gokhale Method franchisee is considered an employee of Gokhale Method. However, the FDD does include information about the relationship between Gokhale Method and its franchisees.
The FDD states that Gokhale Method grants franchise licenses to practitioners who conduct classes in their franchise area in accordance with the Gokhale Method. As a franchisee, you agree to comply with Gokhale Method's operating standards as expressed in the Franchise Agreement, the Teacher's Manual, and in Policy Statements. You also agree to sell, offer for sale, and deliver to students only the Gokhale System in Approved Formats and any related classes, services, and products as have been expressly approved in writing by Gokhale Method and for which you have been qualified.
The franchise agreement also specifies that franchisees may not delegate, franchise, or employ others to carry out the duties of the Franchise Agreement. This suggests that franchisees are expected to be personally involved in the operation of their franchise and cannot simply hire others to run the business for them.
To fully understand your status as a franchisee, it is important to consult the full Franchise Agreement and seek legal advice. You should clarify with Gokhale Method the exact nature of your relationship and whether you would be considered an employee or an independent contractor. Understanding this distinction is crucial for tax purposes, liability, and other legal considerations.