What kind of background check is a Hyper Kidz franchisee required to conduct on prospective employees?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.7.5 Employee Background Check.
Franchisee shall conduct a background review of every prospective employee's criminal history and any other histories (such as motor vehicle and/or credit histories) that are required by state and local laws, regulations, and ordinances and/or that Franchisee determines to be necessary and appropriate, prior to hiring.
Franchisee shall not hire any prospective employee for any position involving entrance on or into private property if such prospective employee's background review indicates, in Franchisee's sole discretion, a propensity for violence, dishonesty, negligent, reckless, or careless behavior, or a conviction for any crime reasonably related to the prospective employee's employment including, but not limited to, you shall not employ anyone who has been convicted of a sex crime or a crime against a child.
Notwithstanding the foregoing, all matters of employment and the safety of Franchisee's customers and their clients are within Franchisee's discretion and control.
Franchisor shall not be liable to franchisee, any employee or prospective employee of Franchisee, or any third party for any act or omission of Franchisee or any employee or agent of Franchisee, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims, demands or actions against Franchisor arising from any act or omission of Franchisee or any employee or agent of Franchisee (including, without limitation, refusal to hire or discrimination claims or claims asserted by third parties for torts allegedly committed by any employee or agent of Franchisee).
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, franchisees must conduct a background review of every prospective employee. This review must include the prospective employee's criminal history and any other histories, such as motor vehicle and/or credit histories, that are required by state and local laws, regulations, and ordinances. The franchisee can also include any other histories that the franchisee determines to be necessary and appropriate. This review must be completed prior to hiring the employee.
The Hyper Kidz franchisee cannot hire any prospective employee for any position involving entrance on or into private property if the background review indicates a propensity for violence, dishonesty, negligent, reckless, or careless behavior, or a conviction for any crime reasonably related to the prospective employee's employment. Specifically, the franchisee cannot employ anyone who has been convicted of a sex crime or a crime against a child.
The FDD states that all matters of employment and the safety of the franchisee's customers and their clients are within the franchisee's discretion and control. Hyper Kidz will not be liable to the franchisee, any employee or prospective employee of the franchisee, or any third party for any act or omission of the franchisee or any employee or agent of the franchisee.