Who determines if a manager is trained in a manner satisfactory to Mr. Sandless?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
You do not need to apply to us for approval of a proposed Designated Manager or Technical Manager, but we retain the right to prohibit employment of a particular manager if that person has demonstrated to us a lack of honesty or ability to manage the Business. Each of your managers must be trained in a manner satisfactory to us before assuming managerial responsibilities, and we may require that any proposed manager complete our initial training program, at your expense, before the manager may assume managerial responsibilities. You make your own business arrangements with managers, and we are not involved in setting conditions for employment. You must obtain from each manager you employ an agreement, in the form attached as Attachment 4 of the Franchise Agreement, to maintain the confidentiality of the Confidential Information obtained by virtue of his or her employment and to not participate in a competing business. You must also perform, through an accredited agency that has been approved by us in the Operations Manual, a background check of prospective employees before hiring them, and only hire employees that have passed the required background check, and otherwise meet the criteria provided in the Operations Manual. Your Designated Manager is not required to have an equity interest in the Business.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 29–30)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Mr. Sandless retains the authority to determine whether a manager's training is satisfactory. Specifically, each manager must be trained to Mr. Sandless's satisfaction before taking on managerial duties. Mr. Sandless also has the right to mandate that a potential manager complete the initial training program, with the franchisee bearing the expense, before the manager assumes their responsibilities.
This provision grants Mr. Sandless significant control over the qualifications and preparedness of the individuals running a franchise location. While franchisees are responsible for making their own business arrangements with managers, Mr. Sandless maintains the power to ensure that these managers meet their standards. This could involve assessing the manager's understanding of Mr. Sandless's operational procedures, customer service protocols, or other key aspects of the business.
For a prospective Mr. Sandless franchisee, this means they must be prepared to invest in the training of their managers, potentially including the cost of the initial training program if required by Mr. Sandless. It also implies that the franchisee should carefully select managers who are likely to meet Mr. Sandless's standards, as the franchisor can prohibit the employment of a manager who has demonstrated a lack of honesty or ability to manage the business. This requirement ensures brand consistency and quality across all Mr. Sandless franchise locations.
Furthermore, franchisees must ensure that each manager signs an agreement to maintain the confidentiality of confidential information and to not participate in any competing business, as outlined in Attachment 4 of the Franchise Agreement. Additionally, franchisees are required to conduct background checks on prospective employees through an accredited agency approved by Mr. Sandless, as detailed in the Operations Manual, and only hire those who pass the required background check and meet the criteria specified in the Operations Manual.