Where in the Capriottis Sandwich Shop franchise agreement are the franchisee's representations detailed?
Capriottis_Sandwich_Shop Franchise · 2025 FDDAnswer from 2025 FDD Document
33. Franchisee Representations.
33.1 FRANCHISEE ACCEPTS THE TERMS, CONDITIONS AND COVENANTS CONTAINED IN THIS AGREEMENT AS BEING REASONABLE AND NECESSARY TO MAINTAIN FRANCHISOR'S STANDARDS OF QUALITY, SERVICE AND UNIFORMITY AND TO PROTECT AND PRESERVE THE GOODWILL OF THE MARKS. FRANCHISEE ACKNOWLEDGES THAT OTHER FRANCHISEES OF FRANCHISOR HAVE BEEN OR WILL BE GRANTED FRANCHISES AT DIFFERENT TIMES AND IN DIFFERENT SITUATIONS. FRANCHISEE FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THE FRANCHISE AGREEMENTS BASED ON WHICH SUCH FRANCHISES WERE GRANTED MAY VARY MATERIALLY FROM THOSE CONTAINED IN THIS AGREEMENT AND THAT FRANCHISEE'S OBLIGATION ARISING HEREUNDER MAY DIFFER SUBSTANTIALLY FROM OTHER FRANCHISEES.
33.2 EVEN THOUGH THIS AGREEMENT CONTAINS PROVISIONS REQUIRING FRANCHISEE TO OPERATE THE FRANCHISED RESTAURANT IN COMPLIANCE WITH FRANCHISOR'S SYSTEM, FRANCHISOR DOES NOT HAVE ACTUAL OR APPARENT AUTHORITY TO CONTROL, DIRECTLY OR INDIRECTLY, THE DAY-TO-DAY CONDUCT AND OPERATION OF FRANCHISEE'S BUSINESS OR EMPLOYMENT DECISIONS.
Source: Item 22 — CONTRACTS (FDD page 73)
What This Means (2025 FDD)
According to the 2025 Capriottis Sandwich Shop Franchise Disclosure Document, the franchisee's representations are detailed in section 33 of the franchise agreement. Specifically, section 33.1 states that the franchisee accepts the terms, conditions, and covenants within the agreement as reasonable and necessary to maintain Capriottis Sandwich Shop's standards and protect the goodwill of its marks. It also acknowledges that other franchisees may have different franchise agreements and obligations.
Section 33.2 further clarifies that even though the agreement requires the franchisee to operate in compliance with Capriottis Sandwich Shop's system, the franchisor does not have the authority to directly or indirectly control the day-to-day conduct, operation of the franchisee's business, or employment decisions. This section emphasizes the franchisee's independence in managing their business while adhering to the franchisor's standards.
This section is important for prospective franchisees as it outlines their responsibilities and acknowledges the limitations of the franchisor's control over their business. It also highlights the potential for variations in franchise agreements among different franchisees, which is a common practice in franchising to accommodate different market conditions or negotiated terms.