Does City Wide have the right to appoint a Representative to provide services?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
CITY WIDE may from time to time name one or more representative(s) ("Representative") to perform some or all the duties and to exercise some or all of the rights of CITY WIDE arising under this Agreement. Franchisee acknowledges and agrees that (1) any Representative will be deemed for all purposes to be an independent contractor of CITY WIDE and not CITY WIDE's agent or employee; (2) no Representative will have the authority to cancel, rescind, terminate, amend, alter, or supplement this Agreement or any other agreement between Franchisee and CITY WIDE; and (3) CITY WIDE will not be liable for any act, omission, representation, or warranty of any Representative to the relative extent that such damages do not result from CITY WIDE's negligence, wrongful acts or willful failure to act. The naming of any Representative by CITY WIDE will be made by written designation to Franchisee, which designation may limit or specify the Representative's duties and responsibilities. CITY WIDE may, at its sole and absolute right, terminate the services of any Representative at any time without prior notice to Franchisee. If a named Representative who is providing Franchisee with services is terminated, however, CITY WIDE will advise Franchisee of the termination within a reasonable period after termination occurs and either will name a new Representative or will itself perform the services required under this Agreement until and unless a new Representative is named.
SECTION 17. Insurance
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, City Wide has the right to appoint a representative to perform duties and exercise rights on its behalf under the franchise agreement.
This representative is considered an independent contractor and not an agent or employee of City Wide. The representative cannot cancel, rescind, terminate, amend, alter, or supplement the franchise agreement or any other agreement between the franchisee and City Wide. City Wide is not liable for the representative's actions unless damages result from City Wide's negligence or wrongful acts.
City Wide will provide written notice to the franchisee when a representative is appointed, specifying the representative's duties and responsibilities. City Wide can terminate the representative's services at any time without prior notice to the franchisee. If a representative providing services to a franchisee is terminated, City Wide will inform the franchisee and either appoint a new representative or perform the services themselves until a new representative is named.
City Wide may also contract with third parties, including a Representative, to provide services to the franchisee, provided the services are of the promised quantity and quality.