Is an Aw franchisee required to display notices identifying themselves as the independent owner of their Papa Ray's Pizza Restaurant?
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, franchisees are required to identify themselves as independent owners of their Papa Ray's Pizza Restaurant. Specifically, the franchisee must conspicuously display a sign within public view on the premises indicating that the restaurant is independently owned and operated by the franchisee. This is to ensure clarity that Aw is not the employer of the franchisee or their employees.
This requirement reinforces the independent contractor relationship between Aw and its franchisees. The FDD states that Aw's training, guidance, and standards are designed to protect the brand and goodwill, not to exert control over the franchisee's management of the restaurant. The franchisee has sole responsibility for managing the Papa Ray's Pizza Restaurant as an independent owner/operator.
Furthermore, the franchisee must identify themselves as the owner of the Papa Ray's Pizza Restaurant in all dealings with customers, suppliers, public officials, and employees. They must also include notices of independent ownership on forms, business cards, stationery, advertising, and other materials as required by Aw. This comprehensive approach ensures that all stakeholders are aware of the franchisee's independent status and that Aw is not liable for the franchisee's obligations.