Is Chicken Guy responsible for ensuring a Chicken Guy franchisee's Electronic Identifier complies with applicable laws?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that any consent provided by Chicken Guy pursuant to this Section 15 shall be solely for the purpose of assuring compliance with Chicken Guy's standards and shall not be construed as any express or implied representation or warranty that the Electronic Identifier or its proposed content complies with any applicable laws, codes or regulations.
In addition to any other provision of this Agreement, Franchisee will be solely responsible for compliance with any laws pertaining to sending e-mails including but not limited to the Controlling the Assault of Non-Solicited Pornography and Proprietary Marketing Act of 2003 (known as the "CAN-SPAM Act of 2003").
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, franchisees are ultimately responsible for ensuring their Electronic Identifiers comply with all applicable laws. While Chicken Guy may offer consent regarding the content of email advertisements or solicitations, this consent is solely to assure compliance with Chicken Guy's standards and does not represent any guarantee that the Electronic Identifier or its content adheres to legal requirements.
The franchisee bears the responsibility for complying with laws related to sending emails, including the CAN-SPAM Act of 2003. This means that even if Chicken Guy approves the content, the franchisee is liable for any legal issues arising from non-compliance.
This allocation of responsibility is fairly standard in franchising, where franchisees are generally considered independent business owners. Franchisees should seek legal counsel to ensure their Electronic Identifiers and marketing practices are fully compliant with all relevant regulations. Chicken Guy's approval does not shift the legal burden away from the franchisee.