What must an Aw franchisee include on their forms and business cards to indicate independent ownership?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Both you and we understand and agree that this Agreement does not create a fiduciary relationship between us, that you and we are independent contractors, and that nothing in this Agreement is intended to make either party a general or special agent, joint venturer, partner, or employee of the other for any purpose whatsoever. You agree to conspicuously identify yourself in all your dealings with customers, suppliers, public officials, employees, and others as the owner of the Papa Ray's Pizza Restaurant pursuant to a Franchise Agreement with us, and agree to place any other notices of independent ownership on your forms, business cards, stationery, advertising, and other materials as we may require from time to time.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees must conspicuously identify themselves as the owner of the Papa Ray's Pizza Restaurant operating under a franchise agreement with Aw in all dealings with customers, suppliers, public officials, and employees. This clear identification is crucial to ensure that all parties understand the franchisee's independent status and that they are not agents, joint ventures, partners, or employees of Aw. This requirement aims to avoid any misrepresentation of the relationship between the franchisee and Aw.
In addition to the general identification, Aw franchisees must also place notices of independent ownership on their forms, business cards, stationery, advertising, and other materials as required by Aw from time to time. This provision allows Aw to mandate specific disclaimers or statements to reinforce the franchisee's independent operation. The purpose is to further clarify that the franchisee is an independent entity and not an extension of Aw itself.
Furthermore, Aw requires franchisees to prominently display a sign within public view on the premises, clearly indicating that the Papa Ray's Pizza Restaurant is independently owned and operated by the franchisee. This visible statement serves as a constant reminder to customers and the public about the franchisee's independent ownership. By enforcing these measures, Aw seeks to maintain a clear distinction between the franchisor and franchisee, ensuring that the franchisee is recognized as the sole responsible party for the restaurant's management and operations.