Can an Aw franchisee employ any of the Marks in a manner that may result in liability to the franchisor for any indebtedness or obligation of the franchisee?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
We have not authorized or empowered you to use the Marks except as provided by this Agreement and you agree not to employ any of the Marks in signing any contract, check, purchase agreement, negotiable instrument or legal obligation, application for any license or permit, or in a manner that may result in liability to us for any indebtedness or obligation of yours.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, Aw franchisees are prohibited from using the Marks in any way that could create liability for Aw due to the franchisee's debts or obligations. Specifically, the franchise agreement does not authorize franchisees to use Aw's Marks except as explicitly provided within the agreement.
Aw emphasizes the importance of maintaining an independent relationship between the franchisor and franchisee. Franchisees must identify themselves as independent owners operating under a franchise agreement with Aw in all dealings with customers, suppliers, and other parties. This includes displaying notices of independent ownership on forms, business cards, stationery, advertising, and other materials as required by Aw.
This restriction ensures that Aw is not held responsible for the franchisee's financial liabilities and reinforces the independent nature of the franchise relationship. Franchisees must adhere to these guidelines to avoid breaching the franchise agreement and potentially incurring penalties.