As an Aw franchisee, what are you required to conspicuously identify yourself as in dealings with customers and suppliers?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.1 Independent Contractor; No Fiduciary Relationship. 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.
- 8.2 No Employment Relationship. You shall prominently display, by posting of a sign within public view, on or in the Premises, a statement that clearly indicates that the Papa Ray's Pizza Restaurant is independently owned and operated by you as our franchisee. You expressly
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, as a franchisee, you must conspicuously identify yourself 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, employees, and others. Additionally, you must include notices of independent ownership on your forms, business cards, stationery, advertising, and other materials as Aw may require. This is to ensure clarity that the restaurant is owned and operated by you as an independent entity, and not directly by Aw.
This requirement is reinforced by the need to prominently display a statement within public view on the premises indicating that the Papa Ray's Pizza Restaurant is independently owned and operated by you as Aw's franchisee. This statement serves to further clarify the relationship between you and Aw, emphasizing your role as an independent owner/operator. Aw is not considered your employer or the employer of any of your employees, and is not a joint employer.
These stipulations are designed to protect Aw's trademarks, confidential information, goodwill, and brand consistency, rather than to exert control over your day-to-day management. You retain sole responsibility for managing the Papa Ray's Pizza Restaurant as an independent franchise owner/operator. You are not authorized to use Aw's marks in any way that could create liability for Aw regarding your debts or obligations.