Is Checkers obligated by agreements made by the franchisee with third parties?
Checkers Franchise · 2025 FDDAnswer 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, employees and others as the owner of the Franchised Restaurant and must place such other notices of independent ownership on such forms, business cards, stationery, advertising and other materials as we may require at any time and from time to time.
You may not make any express or implied agreements, warranties, guarantees or representations or incur any debt in our name or on our behalf or represent that the relationship of the parties hereto is anything other than that of independent contractors. We will not be obligated by or have any liability under any agreements made by you with any third party or for any representations made by you to any
third party. We will not be obligated for any damages to any person or property arising directly or indirectly out of the operation of your business hereunder.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, Checkers is not obligated by agreements that a franchisee makes with other parties. The franchisee must identify themselves as the owner of the franchised restaurant in all dealings with third parties, including customers, lessors, contractors, suppliers, public officials, and employees. This identification must be clear on all forms, business cards, stationery, advertising, and other materials as required by Checkers.
The franchisee cannot make any agreements, warranties, guarantees, or representations, nor can they incur any debt in Checkers' name or on its behalf. Additionally, the franchisee cannot represent their relationship with Checkers as anything other than that of independent contractors.
Checkers will not be obligated by or have any liability under any agreements made by the franchisee with any third party or for any representations made by the franchisee to any third party. Checkers is also not responsible for any damages to any person or property arising directly or indirectly from the operation of the franchisee's business.