With whom must a Benjamin Franklin Plumbing franchisee sign a UWIN Participation Agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS UWIN PARTICIPATION AGREEMENT FOR FRANCHISEES, having an effective date of (the "Agreement"), is made by and between UWIN, LLC, a Florida limited liability company ("UWIN"), and the home services contractor identified on the signature page ("Contractor") who, in consideration of the promises set forth below, agree as follows:
1. NATURE AND SCOPE OF AGREEMENT
- 1.1 UWIN.
UWIN is a customer service resource that provides customers information and assistance with resolution and reparations concerning their transactions with participating home services contractors (the "Customer Complaint Resolution Program").
Participants in the Customer Complaint Resolution Program display UWIN's distinctive seal of approval and its associated marks, logos, and designs (collectively, the "Seal").
- 1.2 Contractor**.** Contractor is a franchisee of one of UWIN's affiliates (each, a "Franchisor") and, pursuant to its franchise agreement ("Franchise Agreement"), has obtained the right to use the Franchisor's system in conjunction with the operation of its home repair services business ("Contractor's Business").
In connection with the operation of the Contractor's Business, Contractor desires, and hereby agrees, to participate in the Customer Complaint Resolution Program.
- 1.4 Owner's Guaranty**.** If Contractor is a business entity, each individual with an ownership interest in Contractor (each, an "Owner") is required to execute an Owner's Guaranty in favor of UWIN (the form of which is attached as Exhibit A) and deliver the executed copy to UWIN with this signed Agreement, or if such ownership interest is acquired later, within 10 days after becoming an Owner.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, a franchisee who participates in the UWIN Customer Complaint Resolution Program must sign a UWIN Participation Agreement with UWIN, LLC. UWIN, LLC is described as a customer service resource that provides customers with information and assistance regarding transactions with participating home services contractors.
The agreement outlines the terms and conditions of participation in the Customer Complaint Resolution Program. Once UWIN receives the signed agreement, the franchisee will receive a welcome packet and be added as a contractor on the UWIN website. This participation allows the franchisee to display UWIN's seal of approval.
Additionally, if the Benjamin Franklin Plumbing franchisee is a business entity, each individual with an ownership interest in the franchisee's business is required to execute an Owner's Guaranty in favor of UWIN. This guaranty must be delivered to UWIN along with the signed UWIN Participation Agreement, or within 10 days of acquiring ownership if the ownership interest is obtained later.
The agreement specifies that UWIN will not control the franchisee's business operations or provide significant assistance in day-to-day activities. The franchisee acknowledges that their business will primarily be associated with their own name, trademarks, and logos, rather than the UWIN seal, and that they are not relying on UWIN for ongoing business advice or assistance.