Can Hck Hot Chicken establish blackout dates during which it is not obligated to provide training?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
All certification and training is subject to Franchisor's capacity and scheduling requirements.
- 6.7 Notice.
If Franchisee believes Franchisor has failed to adequately provide any training or other preopening or opening services to Franchisee as provided in this Agreement, Franchisee will notify Franchisor in writing within 30 days following Franchisor's provision of such training or services.
Without timely provision of such notice to Franchisor, Franchisee will be deemed to conclusively acknowledge that all training and pre-opening and opening services required to be provided to Franchisee were sufficient and satisfactory in Franchisee's judgment.
- 6.4.3 In the event of any sale, transfer, or Assignment, the transferee/assignee must be trained by Franchisor as a condition of Franchisor's consent to such transfer.
The Franchised Restaurant shall not be transferred, opened, or re-opened by the transferee until Franchisor accepts the transferee in writing as being qualified to operate the Restaurant and Franchisor has otherwise consented to the transfer in accordance with this Agreement.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Hck Hot Chicken FDD, all certification and training is subject to Hck Hot Chicken's capacity and scheduling requirements. This means that Hck Hot Chicken has the discretion to schedule training based on its own capacity and scheduling needs, which could effectively create certain periods where training is unavailable.
For a prospective franchisee, this implies that there may be times when Hck Hot Chicken is unable to provide training due to its own constraints. This could affect the timing of the opening of a franchise location, as training is a condition of the transfer of a franchise. Specifically, in the event of any sale, transfer, or assignment, the transferee/assignee must be trained by Hck Hot Chicken as a condition of Hck Hot Chicken's consent to such transfer, and the franchised restaurant cannot be transferred, opened, or re-opened by the transferee until Hck Hot Chicken accepts the transferee in writing as being qualified to operate the restaurant and Hck Hot Chicken has otherwise consented to the transfer in accordance with the agreement.
Furthermore, if a franchisee believes Hck Hot Chicken has failed to adequately provide any training or other preopening or opening services, the franchisee must notify Hck Hot Chicken in writing within 30 days following Hck Hot Chicken's provision of such training or services. Failure to provide timely notice will be deemed as conclusive acknowledgment that all training and pre-opening and opening services required to be provided were sufficient and satisfactory in the franchisee's judgment. This underscores the importance of promptly addressing any concerns regarding the adequacy of training provided by Hck Hot Chicken.
Therefore, prospective franchisees should discuss with Hck Hot Chicken the typical scheduling of training programs, any potential limitations on training availability, and how these factors might impact the timeline for opening their franchise location. Understanding these potential constraints is crucial for planning and managing expectations regarding the training process.