What is prohibited regarding representations made by Floors To Go, its employees, or agents?
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 the 2025 Floors To Go FDD, as an independent contractor, franchisees are not authorized to make any agreements, warranties, or representations on behalf of Floors To Go, nor can they create any obligations, either expressed or implied, for the company. This is a common stipulation in franchise agreements to protect the franchisor from unauthorized commitments.
Floors To Go and its franchisees must avoid creating any impression that they are partners, joint employers, agents, or subsidiaries of each other. The agreement explicitly states that neither party will be held jointly liable for the actions or omissions of the other. This reinforces the independent contractor status of the franchisee and limits Floors To Go's liability.
The franchisee is required to prominently display a certificate at their place of business indicating that the business is operated independently from Floors To Go, LLC. This further clarifies the separate nature of the franchise and helps to avoid any confusion among customers or other third parties about the relationship between the franchisee and Floors To Go.