Is Itan obligated by agreements made by the franchisee that are not expressly authorized by the Itan franchise agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
In addition, neither party will be obligated by any agreements or representations made by the other that are not expressly authorized by this Agreement.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, Itan is not obligated by any agreements or representations made by the franchisee that are not expressly authorized by the franchise agreement. This means that franchisees cannot make agreements or representations on behalf of Itan unless they have explicit permission to do so within the franchise agreement.
This provision protects Itan from being held liable for unauthorized actions or commitments made by its franchisees. It ensures that Itan maintains control over its brand and business practices, and that franchisees operate within the bounds of the agreed-upon terms. For a prospective franchisee, this highlights the importance of understanding the scope of their authority and the limitations on their ability to represent Itan.
This type of clause is common in franchise agreements to clearly define the relationship between the franchisor and franchisee as independent entities. It helps to avoid potential legal disputes and misunderstandings regarding who is responsible for various aspects of the business. Franchisees should be aware that exceeding their authorized powers could result in breaches of the franchise agreement and potential legal consequences.