Is the Pearce Bespoke Franchisee responsible for all matters of safety and security at the franchise?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will alone exercise day-to-day control over all operations, activities, and elements of the Pearce Bespoke Franchise. Franchisee is solely responsible for the safety and well-being of Franchisee's employees and the customers of the Pearce Bespoke Franchise. All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 11 hereof shall apply to any claims made against Franchisor regarding safety or security. Franchisee acknowledges and agrees that the various requirements, prohibitions, specifications, and procedures of the Business System which Franchisee is required to comply with under this Agreement, whether set forth in the Operations Manual or otherwise, do not directly or indirectly constitute, suggest, infer, or imply that Franchisor controls any aspect or element of the day-to-day operations of the Pearce Bespoke Franchise, which Franchisee alone controls, but only constitute standards Franchisee must adhere to when exercising control of the day-to-day operations of the
Pearce Bespoke Franchise. Franchisee may not, without Franchisor's written approval, have any power to obligate Franchisor for any expense, liabilities, or other obligations, other than specifically provided in this Agreement.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the franchisee is indeed responsible for all safety and security matters at their franchise. The franchisee has the authority to manage the day-to-day operations of their Pearce Bespoke franchise. This includes being solely responsible for the safety and well-being of their employees and customers.
This means that the franchisee has the discretion and control over all aspects of safety and security within their Pearce Bespoke business. The franchisee is also obligated to indemnify Pearce Bespoke against any claims related to safety or security issues that may arise. This underscores the importance of the franchisee implementing and maintaining robust safety and security protocols.
While Pearce Bespoke provides a business system and standards, the franchisee's control over daily operations ensures they can adapt safety and security measures to their specific location and circumstances. However, the franchisee must adhere to the standards set forth in the Operations Manual, but these standards do not imply that Pearce Bespoke controls the day-to-day operations; they simply provide guidelines for the franchisee to follow while managing their business.