What is the relationship between the Declarant and Franchisee for the Casa De Corazon franchise?
Casa_De_Corazon Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Independent Contractor Franchisee is a franchisee of Franchisor. Franchisee shall be conspicuously identified at the premises of the Franchised Business, and in all dealings with clients, prospective clients, and others, as a franchisee. Franchisee shall not represent or imply to any person that this Agreement authorizes Franchisee to act as agent for Franchisor. Neither Franchisor nor Franchisee shall be obligated by any agreement, representation or warranty made by the other, nor shall Franchisor be obligated for damages to any person or property directly or indirectly arising out of the operation of the Franchised Business, or caused by Franchisee's negligence, willful action or failure to act.
- (b) Evidence of Relationship Franchisee shall at all times hold itself out to the public as an independent contractor of Franchisor. Franchisee shall, without limitation: (i) clearly identify itself in all dealings with third parties as a franchised, independently owned and operated entity, including on all public records, checks, stationery, enrollment forms, receipts, marketing materials, envelopes, letterhead, business cards, employment applications or other employment documents, invoices and other communications, electronic or otherwise; (ii) display a sign in the reception area of the Franchised Center so as to be clearly visible to the general public indicating that the Franchised Center is independently owned and operated as a franchised business; and (iii) maintain a notice on the employee bulletin board clearly visible to employees at the Franchised Center, identifying the correct name of their employer and clearly stating that neither Franchisor nor
any of its affiliates is the employer and if required by Franchisor, obtaining from each of its employees an acknowledgment acknowledging that their employer is Franchisee and not Franchisor. Neither Franchisee, nor any of its owners, employees or other personnel, are officers, directors, managers, members, shareholders, other owners or employees of Franchisor, its affiliates or the "Casa de Corazon" brand. Franchisee its owners, employees and all others associated with Franchisee shall never hold themselves out otherwise.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2025 FDD)
According to the 2025 Casa De Corazon Franchise Disclosure Document, the relationship between Casa Franchising, LLC, the franchisor, and the franchisee is that of independent parties. The franchisee operates as an independent contractor and must clearly identify themselves as such in all business dealings. This means the franchisee is responsible for their own business operations and is not an agent of Casa De Corazon.
The franchisee must conspicuously display their status as a franchisee at their center and in all interactions with clients, prospective clients, and other parties. This includes clearly identifying themselves as a franchised, independently owned, and operated entity on all public records, checks, stationery, enrollment forms, receipts, marketing materials, and other communications. A sign must also be displayed in the reception area of the franchised center indicating independent ownership and operation.
Casa De Corazon emphasizes that neither the franchisor nor the franchisee is obligated by any agreement, representation, or warranty made by the other. Casa De Corazon is not responsible for damages arising from the franchisee's operation of the franchised business or from the franchisee's negligence, willful action, or failure to act. The franchisee is responsible for managing their own staff and ensuring compliance with labor laws. The franchisee is solely responsible as the employer, and Casa De Corazon is not involved in the employment relationship.