Does the Itan franchise agreement specify how the franchisee must identify themselves as the independent owner of their Itan Salon?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
- **24.2.
Relationship of the Parties.** Nothing in this Agreement creates a fiduciary relationship between the parties or is intended to make either party a general or special agent, legal representative, joint venture, partner, employee or servant of the other for any purpose.
Throughout the Term you must, in all dealings with third parties, conspicuously identify yourself as a franchisee and the independent owner of your Salon.
We may require that you display a written notice of independent ownership, in the form we prescribe, at any location within your Salon that we specify.
You must also include a written indication of independent ownership on all agreements, forms, letterhead, advertising materials, business cards and other materials that we specify.
Neither party may: (a) make any express or implied agreement, warranty or representation, or incur any debt, in the name of or on behalf of the other; or (b) represent that our relationship is other than franchisor and franchisee.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the franchise agreement does address how franchisees must identify themselves as independent owners. Throughout the term of the agreement, in all dealings with third parties, franchisees must conspicuously identify themselves as an Itan franchisee and the independent owner of their salon. This requirement ensures that customers and other parties are aware that the salon is independently owned and operated under a franchise agreement with Itan.
Itan retains the right to specify how this independent ownership is displayed. The agreement states that Itan may require franchisees to display a written notice of independent ownership, using a form prescribed by Itan, at locations within the salon specified by Itan. Furthermore, franchisees must include a written indication of independent ownership on all agreements, forms, letterhead, advertising materials, business cards, and other materials as specified by Itan.
These stipulations are designed to prevent any misrepresentation of the relationship between Itan and its franchisees. The franchise agreement explicitly states that neither party may make any agreement, warranty, or representation, or incur any debt in the name of or on behalf of the other. Additionally, neither party can represent that their relationship is anything other than franchisor and franchisee. This clear delineation of responsibilities and representation is common in franchising to protect both the franchisor's brand and the franchisee's independent business operation.