Who exercises day-to-day control over the operations of the Hyper Kidz franchise business?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
that we control any aspect or element of the day-to-day operations of your business, which you alone control, but only constitute standards you must adhere to when exercising your control of the day-to-day operations of your business.
14.2 During the term of this Agreement, you shall hold yourself out to the public as an independent contractor conducting your operations pursuant to the rights granted by us. You agree to take such action as shall be reasonably necessary to that end, including, without limitation, exhibiting a notice of that fact in a conspicuous place on any business premises established for the purposes hereunder and on all letterhead, business cards, forms, and as further described in the Manual. We reserve the right to specify in writing the content and form of such notice.
You acknowledge and agree that any training we provide for your employees is geared to impart to those employees, with your ultimate authority, the various procedures, protocols, systems and operations of a Hyper Kidz Business and in no fashion reflects any employment relationship between us and such employees. If it is ever asserted that we are the employer, joint employer or co-employer of any of your employees in any private or government investigation, action, proceeding, arbitration or other setting, you irrevocably agree to assist us in defending said allegation, appearing at any venue requested by us to testify on our behalf; participating in depositions or other appearances; or preparing affidavits rejecting any assertion that we are the employer, joint employer or co-employer of any of your employees.
Source: Item 23 — RECEIPTS (FDD pages 52–205)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, the franchisee has control over the day-to-day operations of their business. Hyper Kidz states that they do not control any aspect of the franchisee's day-to-day operations. However, the franchisee must adhere to the standards that Hyper Kidz sets while exercising control over these operations.
Hyper Kidz emphasizes that franchisees are independent contractors and must represent themselves as such to the public. This includes displaying a notice of independent contractor status on business premises and on all business-related documents. Hyper Kidz retains the right to specify the content and form of this notice.
Furthermore, any training that Hyper Kidz provides to the franchisee's employees is intended to impart the procedures, protocols, systems, and operations of a Hyper Kidz Business, with the franchisee maintaining ultimate authority over their employees. This arrangement is designed to avoid any implication of an employment relationship between Hyper Kidz and the franchisee's employees. The franchisee agrees to defend Hyper Kidz against any claims asserting that Hyper Kidz is an employer, joint employer, or co-employer of the franchisee's employees.