Where are the essential terms and conditions of employment for Mr. Sandless franchisee's employees defined?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
We have no authority to control, either directly or indirectly, the essential terms and conditions of employment of your employees. You acknowledge and agree that you, in your sole and absolute discretion, shall determine all such essential terms and conditions of employment, which are defined in the Operations Manual or otherwise defined by law. You specifically agree that any training we provides for your employees is geared to impart to those employees, with your ultimate authority, the various procedures, protocols, systems, and operations of a Mr. Sandless outlet pursuant to the System and in no fashion reflects any employment relationship between us and such employees. If ever it is 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, participate in depositions, other appearances or preparing affidavits rejecting any assertion that Franchisor is the employer, joint employer or co-employer of any of your employees.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the essential terms and conditions of employment for the franchisee's employees are determined by the franchisee. Mr. Sandless states that it has no authority to control the terms of employment for the franchisee's employees.
The Mr. Sandless franchisee has the sole discretion in determining these terms and conditions, which are defined in the Operations Manual or otherwise defined by law. The training that Mr. Sandless provides for the franchisee's employees is geared towards teaching the procedures, systems, and operations of a Mr. Sandless outlet and does not reflect any employment relationship between Mr. Sandless and the franchisee's employees.
Mr. Sandless requires that the franchisee agrees to assist them in defending against any assertion that Mr. Sandless is the employer, joint employer, or co-employer of any of the franchisee's employees. This includes appearing at any venue requested by Mr. Sandless to testify on their behalf, participating in depositions, or preparing affidavits rejecting any such assertion.