Under the Mr. Sandless agreement, can the franchisor act as the franchisee's attorney-in-fact?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
19.1 Independent Licensee
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)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, the agreement explicitly states that the franchisee is an independent licensee and not an agent, legal representative, or employee of Mr. Sandless for any purpose. The agreement does not grant the franchisee any right or authority to assume or create any obligation for or on behalf of Mr. Sandless.
The Mr. Sandless franchise agreement emphasizes the independent nature of the franchisee's business. This means that franchisees are responsible for their own actions and obligations, and Mr. Sandless is not liable for any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the agreement.
This arrangement protects Mr. Sandless from potential liabilities arising from the franchisee's operations. It also reinforces that the franchisee is an independent entity responsible for managing their business and adhering to the terms of the franchise agreement. The franchisee agrees to indemnify Mr. Sandless from any claims arising out of an alleged agency, partnership, or employment relationship.