Does the Carvel franchise agreement allow franchisees to represent their relationship with Carvel as anything other than franchisor and franchisee?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as this Agreement expressly authorizes, 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 the relationship between you and us is other than that of franchisor and franchisee.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to the 2025 Carvel Franchise Disclosure Document, franchisees are explicitly prohibited from misrepresenting their relationship with Carvel. The agreement states that neither Carvel nor the franchisee can represent their relationship as anything other than franchisor and franchisee. This is a standard clause in franchise agreements to ensure clarity in legal and business dealings.
This provision protects Carvel from potential liabilities arising from a franchisee's actions if the franchisee were to misrepresent themselves as an agent, partner, or employee of Carvel. It also ensures that customers, suppliers, and other parties understand that the franchisee is an independent business owner, responsible for their own operations and obligations.
For a prospective Carvel franchisee, this means they must always identify themselves as an independent franchisee in all business dealings. They cannot sign contracts or incur debts on behalf of Carvel unless expressly authorized by the franchise agreement. This reinforces the independent nature of the franchise relationship and the franchisee's responsibility for their own business conduct.