Who is responsible for hiring and training employees for a Hyper Kidz business?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
your general manager, you shall immediately notify us and designate a successor or acting general manager who meets our thencurrent criteria. In no event shall the appointment of a successor or acting manager be more than ten (10) days after the death, disability or termination of the predecessor manager. Each successor general manager must satisfactorily complete our initial training program within thirty (30) days of appointment by you.
- 11.7.3 You shall hire all employees of the Hyper Kidz Business and shall be exclusively responsible for the terms of their employment, compensation and for the proper training of such employees in the operation of the Hyper Kidz Business. You understand that your employees are not and will not be considered to be our employees in any manner. We may require you to obtain confidentiality and noncompetition agreements from certain of your employees. You shall establish at the Hyper Kidz Business for all employees a training program meeting the standards prescribed by us.
- 11.7.4 During the term of this Agreement, we shall not directly or indirectly employ or seek to employ any person who is employed by you or by any entity controlled by you nor induce any such person to leave said employment without your prior written consent.
- 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.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the franchisee is responsible for hiring and training all employees of their Hyper Kidz Business. Specifically, the franchisee is exclusively responsible for the terms of their employment, their compensation, and ensuring they are properly trained to operate the business. The franchisee's employees are not considered employees of Hyper Kidz in any capacity. Hyper Kidz may require franchisees to obtain confidentiality and noncompetition agreements from certain employees.
Hyper Kidz also specifies that franchisees must conduct background checks on prospective employees, reviewing their criminal history and any other histories required by local laws or deemed necessary by the franchisee. Franchisees are instructed not to hire anyone with a history indicating a propensity for violence, dishonesty, negligence, or convictions for crimes related to the employment, especially sex crimes or crimes against children. However, all employment matters and customer safety remain within the franchisee's discretion and control.
Hyper Kidz provides training for the franchisee's employees, which is geared towards teaching the procedures, protocols, systems, and operations of the Hyper Kidz Business. This training does not reflect any employment relationship between Hyper Kidz and the franchisee's employees. Hyper Kidz may also offer recommendations regarding salaries, hourly wages, or other compensation, but the franchisee is free to disregard these recommendations.