What is the definition of 'Independent' as it relates to representing the Floors To Go Showroom?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
It is understood between us that you are an independent contractor and are in no way authorized to make any contract, agreement, warranty, or representation on behalf of us, or to create any obligation, express or implied, on our behalf.
The parties agree that this Agreement shall not create a fiduciary relationship between us.
We will not be liable for any act, omission, contract, debt, tax, or any other obligation of yours.
You shall prominently display at your place of business a certificate from us stating that your business is operated by you independent of and separate from Floors To Go, LLC.
We and you shall refrain from making any representation or creating any impression upon any third party or the public that they are partners, associates, joint employers, joint venturers, subsidiaries, principal and agent, or are in any way the agents, fiduciaries or instrumentalities of each other in any sense.
We and you shall not be construed to be jointly liable for any of your acts or omissions under any circumstances.
We have no relationship with your employees, and you have no relationship with our employees.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to Floors To Go's 2025 Franchise Disclosure Document, franchisees operate as independent contractors. This means that as a franchisee, you are not authorized to make any agreements, warranties, or representations on behalf of Floors To Go, nor can you create any obligations, either expressed or implied, for the franchisor. This distinction is crucial because it clarifies that the franchisee is a separate entity from Floors To Go, LLC.
Furthermore, the agreement explicitly states that the franchise agreement does not establish a fiduciary relationship between Floors To Go and the franchisee. Floors To Go will not be held liable for any actions, omissions, contracts, debts, taxes, or other obligations incurred by the franchisee. To reinforce this independence, franchisees are required to prominently display a certificate at their place of business, issued by Floors To Go, confirming that the business is operated independently and separately from Floors To Go, LLC.
Both Floors To Go and the franchisee must avoid creating any impression that they are partners, associates, joint employers, joint venturers, subsidiaries, or agents of each other. They are not to be construed as jointly liable for each other's actions or omissions under any circumstances. Additionally, there is no employment relationship between Floors To Go's employees and the franchisee's employees, further emphasizing the independent nature of the franchise operation. This clear delineation of independence protects Floors To Go from liabilities arising from the franchisee's business operations and ensures that the franchisee operates with autonomy.