Can Aw require franchisees to place notices of independent ownership on advertising materials?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
8. RELATIONSHIP OF THE PARTIES; INDEMNIFICATION
- 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, Aw can require franchisees to place notices of independent ownership on advertising materials. The FDD states that 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.
Specifically, Aw franchisees must agree to place any other notices of independent ownership on their forms, business cards, stationery, advertising, and other materials as Aw may require from time to time. This gives Aw the right to mandate such notices on a variety of materials used by the franchisee in their business operations.
Additionally, franchisees must prominently display a statement within public view on the premises that clearly indicates the Papa Ray's Pizza Restaurant is independently owned and operated by the franchisee. This reinforces the independent nature of the franchise and ensures customers are aware that the restaurant is not directly owned or operated by Aw.