What representation does an Anago franchisee make regarding their authority to enter into and fulfill the franchise agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
as the court may judicially determine or indicate is a reasonable restriction under the circumstances involved.
SECTION 13.2 INDEPENDENT COVENANTS.
The parties agree that the covenants in ARTICLE 13 are independent of any other provision of this Agreement. You agree that the existence of any claim You may have against Us or any of Our Affiliates, regardless of whether under this Agreement, is not a defense to Our enforcement of these covenants.
ARTICLE 14 - INDEPENDENT CONTRACTOR AND INDEMNIFICATION
SECTION 14.1 INDEPENDENT STATUS.
The parties agree that this Agreement does not create a fiduciary relationship between them. You are an independent contractor and unless expressly provided to the contrary, nothing in this Agreement is intended to designate either party an agent, legal representative, subsidiary, joint venture, partner, employee, Affiliate or servant of the other party for any purpose, and nothing herein is intended to make Us an employer or co-employer of Your employees, any such relationship being expressly disclaimed. The parties agree that nothing in this Agreement authorizes You to make any Agreement, warranty or representation for Us, nor to incur any debt or other obligation in Our name. Any misrepresentations of the Anago System contract specifications by You will void any contract entered into with the Client.
You will take all affirmative action We request to indicate that You are an independent contractor, including placing and maintaining a plaque in a conspicuous place within the Premises and a notice on all stationery, business cards, sales literature, contracts and similar documents that states that the Anago Unit Franchise is independently owned and operated by You. The content of any plaque and notice is subject to Our written approval.
SECTION 14.2 INDEMNIFICATION.
You are responsible for all losses or damages from contractual liabilities to third persons from the possession, ownership and operation of the Anago Unit Franchise and for all claims and demands for damages to property or for injury, illness or death of persons directly or indirectly resulting from Your actions.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchisee acknowledges several key aspects regarding their role and authority. The agreement explicitly states that the franchisee is an independent contractor and not an agent, legal representative, employee, or partner of Anago. This means the franchisee has no authority to make agreements, warranties, or representations on behalf of Anago, nor can they incur debts or obligations in Anago's name. Any misrepresentations of the Anago System contract specifications by the franchisee will void any contract entered into with a client.
To reinforce this independent status, Anago requires franchisees to take affirmative actions, such as displaying a plaque on their premises and including a notice on business documents stating that the Anago Unit Franchise is independently owned and operated. The content of these notices is subject to Anago's written approval, ensuring consistency and accuracy in messaging.
Furthermore, the franchisee agrees that their success depends largely on their own business abilities and that Anago has made no promises or representations beyond what is included in the franchise agreement. The franchisee also acknowledges that Anago, its officers, directors, employees, and representatives act only in a representative capacity and not individually, emphasizing that all business dealings are solely between the franchisee and Anago. This comprehensive set of acknowledgments and agreements underscores the franchisee's independent role and responsibilities within the Anago franchise system.