For how long can Mr. Sandless operate the Business in the event of the franchisee's absence or disability?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
29.1 Operation in the Event of Absence or Disability
In order to prevent any interruption of the Business operations which would cause harm to the Business, thereby depreciating the value thereof, you authorize us, who may, at our option, in the event that you are absent for any reason or are incapacitated by reason of illness and are unable, in our sole and reasonable judgment, to operate the Business, operate the Business for so long as we deem necessary and practical, and without waiver of any other rights or remedies we may have under this Agreement. All monies from the operation of the Business during such period of operation by us shall be kept in a separate account, and the expenses of the Business, including reasonable compensation and expenses for our representative, shall be charged to said account. If, as herein provided, we temporarily operate the Business franchised herein for you, you agree to indemnify and hold harmless us and any representative of ours who may act hereunder, from any and all acts which we may perform, as regards the interests of you or third parties.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, in the event that a franchisee is absent or incapacitated due to illness, Mr. Sandless has the option to operate the business. The duration of this operation is determined by Mr. Sandless, based on what they deem necessary and practical. This is intended to prevent any interruption of business operations that could negatively impact the business's value.
During the period that Mr. Sandless operates the business, all monies generated are to be kept in a separate account. Expenses related to the business, including reasonable compensation and expenses for Mr. Sandless's representative, will be charged to this account. This ensures that the franchisee's business continues to function, while also covering the costs incurred by Mr. Sandless in managing the operations during the franchisee's absence or disability.
The franchisee agrees to indemnify and hold harmless Mr. Sandless and any representative acting on their behalf from any and all acts performed regarding the interests of the franchisee or third parties during this period. This clause protects Mr. Sandless from liabilities that may arise while they are temporarily operating the franchise. This arrangement allows for business continuity and protects the Mr. Sandless system's overall value, while placing the responsibility for operational outcomes during the absence or disability on the franchisee.