Does entering into the Hydrodog agreement commit either party to employ or engage the other?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
ssly or by their nature survive the expiration or termination of this Agreement will continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their nature expire. Examples include indemnification, payment, identification and dispute resolution provisions.
18. RELATIONSHIP OF THE PARTIES/INDEMNIFICATION.
- 18.1 Independent Contractors. You and we understand and agree that this Agreement does not create a fiduciary relationship between you and us, that we and you are and will be independent contractors and that nothing in this Agreement is intended to make either you or us a general or special agent, joint venturer, partner or employee of the other for any purpose. You agree to conspicuously identify yourself in all dealings with customers, suppliers, public officials, Business personnel and others as the owner of your HydroDog Business under a Franchise we have granted and to place such notices of independent ownership on such forms, business cards, stationery and advertising and other materials as we may require from time-to-time. If you do not do so, we may place the notices and accomplish the foregoing as we see fit, and you must reimburse us for doing so.
- 18.2 No Liability for Acts of Other Party. You agree not to employ any of the Marks in signing any contract or applying for any license or permit, or in a manner that may result in our liability
for any of your indebtedness or obligations, and that you will not use the Marks in any way we have not expressly authorized.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that the relationship between the franchisee and Hydrodog is that of independent contractors. This means that neither party is considered an agent, joint venturer, partner, or employee of the other for any purpose. This distinction is crucial as it defines the legal and financial responsibilities of each party.
Hydrodog franchisees must identify themselves as independent owners of their Hydrodog business in all dealings with customers, suppliers, and other parties. This includes displaying notices of independent ownership on forms, business cards, stationery, and advertising materials as required by Hydrodog. If a franchisee fails to do so, Hydrodog reserves the right to place these notices themselves and charge the franchisee for the associated costs.
Furthermore, the agreement specifies that neither Hydrodog nor the franchisee can make agreements, warranties, or incur debts on behalf of the other without express written authorization. Hydrodog will not be held liable for any damages arising from the operation of the franchisee's Hydrodog business. This reinforces the independent nature of the relationship and protects Hydrodog from liabilities incurred by the franchisee's business operations.