What is the purpose of the training that Hyper Kidz provides for the franchisee's employees?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Hyper Kidz's 2024 Franchise Disclosure Document, the training provided to the franchisee's employees is designed to educate them on the procedures, protocols, systems, and operations of a Hyper Kidz Business. The training aims to equip employees with the knowledge necessary to effectively perform their duties within the established framework of the Hyper Kidz system, under the franchisee's direction.
This training does not establish any employment relationship between Hyper Kidz and the franchisee's employees. The franchisee retains full authority and responsibility for managing their employees. This distinction is important for legal and operational reasons, ensuring that the franchisee is recognized as the sole employer responsible for their staff.
Hyper Kidz emphasizes that franchisees must acknowledge and agree to defend Hyper Kidz against any claims asserting that Hyper Kidz is an employer, joint employer, or co-employer of the franchisee's staff. This includes assisting in investigations, providing testimony, participating in depositions, and preparing affidavits to reject such assertions. This requirement underscores the importance of maintaining a clear separation between the franchisor and the franchisee's employees to avoid potential legal complications.