What is Benjamin Franklin Plumbing's requirement for the franchisee to present themselves to the public?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
You are required to hold yourself out to the public as an independent contractor operating under this Agreement.
- **22.3.
Required Use of Legal Name**.
All legal documents, contracts, invoices, payroll forms, purchase orders, filings, permits, licenses, and other materials between Franchisee and customers, employees, contractors, landlords, vendors, suppliers, government agencies, and other third parties must identify Franchisee by its own company or legal name and, if the document requires a signature, be signed by Franchisee in its own company or legal name.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, franchisees are required to present themselves as independent contractors. This means that in all interactions with customers, employees, contractors, landlords, vendors, suppliers, government agencies, and other third parties, the franchisee must be identified by their own company or legal name. Furthermore, any documents requiring a signature must be signed using the franchisee's company or legal name.
This requirement ensures that Benjamin Franklin Plumbing franchisees are recognized as separate legal entities responsible for their own business operations. It clarifies that franchisees are not direct employees or agents of Benjamin Franklin Franchising SPE LLC, which can have implications for liability, taxes, and other legal matters.
For a prospective franchisee, this means they must establish a distinct legal entity (such as an LLC or corporation) under which they will operate their Benjamin Franklin Plumbing franchise. They will need to ensure that all business documentation, from invoices to contracts, clearly reflects this legal entity. This also means the franchisee is responsible for obtaining all necessary permits and licenses under their company name.