Does the Mr. Sandless franchise agreement establish a partnership between the franchisee and the franchisor?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
You are and shall be an independent licensee under this Agreement, and no partnership shall exist between you and the us. This Agreement does not constitute you as an agent, legal representative, or employee of ours for any purpose whatsoever, and you are not granted any right or authority to assume or create any obligation for or on behalf of, or in the name of, or in any way to bind Franchisors. You agrees not to incur or contract any debt or obligation on behalf of us or commit any act, make any representation, or advertise in any manner which may adversely affect any right of Franchisor or be detrimental to Franchisor or other franchisees of Franchisor. We does not assume any liability, and will not be considered liable, for any agreements, representations, or warranties made by you which are not expressly authorized under this Agreement. We will not be obligated for any damages to any person or property which directly or indirectly arise from or relate to your operations of the Franchised Business. Pursuant to the above, you agree to indemnify Franchisor and hold Franchisor harmless from any and all liability, loss, attorneys' fees, or damage Franchisor may suffer as a result of claims, demands, taxes, costs, or judgments against Franchisor arising out of any allegation of an agent, partner, or employment relationship.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement explicitly states that the relationship between the franchisee and Mr. Sandless is that of an independent licensee, and no partnership is formed.
The agreement specifies that the franchisee is not an agent, legal representative, or employee of Mr. Sandless for any purpose. The franchisee has no right or authority to assume or create any obligation on behalf of Mr. Sandless, nor can they bind Mr. Sandless in any way. The franchisee is responsible for their own debts and obligations and cannot make representations or advertise in a manner that adversely affects Mr. Sandless or its other franchisees.
Mr. Sandless does not assume liability for any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the franchise agreement. Additionally, Mr. Sandless is not liable for damages arising from the franchisee's business operations. The franchisee agrees to indemnify Mr. Sandless from any claims, demands, taxes, costs, or judgments against Mr. Sandless due to allegations of an agency, partnership, or employment relationship.