Does Beyond Juicery Eatery have the right to control the day-to-day operations of the franchisee's business?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
21.01 You are an independent contractor. We do not operate your business or otherwise have direct or indirect control of, or the right or authority to control, your day-to-day operations or employment related decisions. Nothing herein shall create the relationship of principal and agent, legal representative, joint ventures, joint employer, partners, employee and employer, or master and servant between the parties. No fiduciary duty is owed by, or exists between, the parties. Neither this Agreement nor our course of conduct is intended, nor may anything in this Agreement (nor our course of conduct) be construed, to state or imply that we are the employer of you, your employees, and/or your independent contractors, nor vice versa. Your business is, and shall be kept, totally separate and apart from any that may be operated by us. In all public records, in relationships with other persons, and on letterhead and business forms and applications, you shall indicate your independent ownership of your Restaurant and that you are solely a franchisee of Beyond Juicery + Eatery Franchising, LLC.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees are considered independent contractors. The agreement explicitly states that Beyond Juicery Eatery does not operate the franchisee's business, nor does it have direct or indirect control or the authority to control the franchisee's day-to-day operations or employment-related decisions. This arrangement ensures that franchisees have significant autonomy in managing their business.
The franchise agreement clarifies that no relationship of principal and agent, legal representative, joint ventures, joint employer, partners, employee and employer, or master and servant is created between the parties. Furthermore, the document emphasizes that no fiduciary duty exists between Beyond Juicery Eatery and the franchisee. This reinforces the independent nature of the franchisee's business operations.
For prospective franchisees, this independent contractor status means they have the freedom to make operational and employment decisions without direct interference from Beyond Juicery Eatery. However, franchisees must also acknowledge their independent ownership and indicate that they are solely a franchisee of Beyond Juicery + Eatery Franchising, LLC in all public records, relationships with other persons, and on letterhead and business forms. This delineation is crucial for maintaining the separate legal and operational identities of both the franchisor and the franchisee.