factual

Can a Checkers franchisee make any agreements, warranties, or representations in the franchisor's name?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

Nothing contained in this Agreement, or arising from the conduct of the parties hereunder, is intended to make either party a general or special agent, joint venturer, partner or employee of the other for any purpose whatsoever. You must conspicuously identify yourself in all dealings with customers, lessors, contractors, suppliers, public officials, personnel and others as the owner of development rights granted hereunder and must place such other notices of independent ownership on such forms, business cards, stationery, advertising and other materials as we require at any time and from time to time.

Source: Item 23 — RECEIPTS (FDD pages 92–384)

What This Means (2025 FDD)

According to Checkers' 2025 Franchise Disclosure Document, a franchisee must identify themselves as the owner of the development rights granted to them and must place notices of independent ownership on forms, business cards, stationery, advertising, and other materials as Checkers requires. This indicates that franchisees cannot act as a general or special agent, partner, or employee of Checkers.

This requirement ensures that customers, lessors, contractors, suppliers, public officials, personnel, and others are aware that the franchisee is an independent entity and not directly part of the Checkers corporation. This distinction is important for liability and contractual reasons, as the franchisee is responsible for their own operations and obligations.

This is a common practice in franchising, where franchisees are independent business owners who operate under the franchisor's brand and system. The independent contractor status allows Checkers to maintain control over its brand and standards while avoiding direct liability for the franchisee's actions. Prospective franchisees should be aware of this independent contractor relationship and ensure they understand their responsibilities as a business owner.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.