Under the Checkers franchise agreement, what is the franchisee required to do regarding identification of ownership in dealings with various 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, 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, franchisees must clearly identify themselves as the owner of the development rights granted under the franchise agreement in all dealings with customers, lessors, contractors, suppliers, public officials, personnel, and other parties. This means that franchisees cannot represent themselves as agents or employees of Checkers, but must operate as an independent entity.
Checkers requires franchisees to place notices of independent ownership on forms, business cards, stationery, advertising, and other materials as specified by Checkers. This ensures that all parties interacting with the franchise are aware that it is independently owned and operated.
This requirement reinforces the independent contractor relationship between Checkers and its franchisees, clarifying that neither party is an agent, joint venturer, partner, or employee of the other. By mandating clear identification of independent ownership, Checkers aims to avoid any confusion about liability or responsibility for the franchise's operations.