factual

Under the Aw franchise agreement, can the franchisee represent that the relationship with Aw is other than that of franchisor and franchisee?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

Except as expressly authorized by this Agreement, neither of us will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other or represent that our relationship is other than that of franchisor and franchisee.

Source: Item 22 — CONTRACTS (FDD pages 39–40)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, franchisees are prohibited from misrepresenting their relationship with Aw. The franchise agreement explicitly states that neither Aw nor the franchisee can represent their relationship as anything other than franchisor and franchisee, except as expressly authorized within the agreement. This means a franchisee cannot imply they are a partner, agent, employee, or part of a joint venture with Aw.

This provision ensures clarity in all dealings and prevents any confusion about the franchisee's independent status. Franchisees must identify themselves as owners of a Papa Ray's Pizza Restaurant operating under a franchise agreement with Aw in all interactions with customers, suppliers, public officials, and employees. This requirement extends to business cards, stationery, advertising, and other materials, reinforcing the independent nature of the franchise.

The purpose of this requirement is to protect Aw from potential liabilities arising from unauthorized agreements or misrepresentations made by the franchisee. By maintaining a clear distinction between the franchisor and franchisee relationship, Aw aims to safeguard its brand reputation and avoid being held responsible for the franchisee's actions or debts. This also aligns with standard franchising practices, where franchisees operate as independent business owners under the umbrella of the franchisor's brand and system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.