Does the Employee/Independent Contractor Confidentiality and Non-Competition Agreement for Annex Brands address the use of the Franchisor's website for employment applications?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that you are our employee or independent contractor, and that you are not an employee or independent contractor of Franchisor, even though you will be selling products and services identified by Franchisor's brand name and/or logo, may be receiving payroll checks or other communications that contain Franchisor's brand name and/or logo, may have applied for employment or engagement by us through Franchisor's website, or may communicate with or receive nonmandatory feedback, coaching or recommendations from representatives of Franchisor in emails or other electronic or written communications, or during telephone calls, meetings or inspections.
Source: Item 23 — Receipts (FDD pages 110–299)
What This Means (2025 FDD)
According to the 2025 FDD, the Employee/Independent Contractor Confidentiality and Non-Competition Agreement for Annex Brands does address the use of the Franchisor's website for employment applications. Specifically, the agreement acknowledges that an individual may have applied for employment or engagement through Annex Brands' website.
The agreement clarifies that even if an employee or independent contractor applies through Annex Brands' website, they are considered an employee or independent contractor of the franchisee, not of Annex Brands itself. This distinction is important because it establishes that the franchisee is responsible for managing and supervising their employees or independent contractors, even if Annex Brands' website was used in the application process.
This acknowledgement helps to define the relationship between the employee/independent contractor, the franchisee, and Annex Brands. It ensures that all parties understand who is responsible for the individual's employment or engagement and helps to avoid potential confusion or disputes regarding employment status.