Does Petro Stopping Center assume liability for any damages arising from the operation of the Petro Stopping Center or the franchisee's business?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
er you or us a general or special agent, joint venturer, partner or employee of the other for any purpose. You have no authority, express or implied, to act as our agent. You agree to conspicuously identify yourself in all dealings with customers, suppliers, public officials, your Personnel and others as the owner of the Petro Center 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.
- 20.3 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. Neither we nor you will make any express or implied agreements, warranties, guarantees or representations or incur any debt in the name or on behalf of the other, represent that our respective relationship is other than franchisor and franchisee or be obligated by or have any liability under any agreements or representations made by the other that are not expressly authorized in writing. We will not be obligated for any damages to any Person or property directly or indirectly arising out of the Petro Center's operation or the business you conduct pursuant to this Agreement.
- 20.4 Joint Employer or Implied Employment Relationship. This Agreement shall not create any employment relationship between us, on the one hand, and you or any of your Owners, on the other hand, or your personnel, employees or any independent contractor hired by you. You agree and acknowledge that we will not exercise any authority, nor does this Agreement give us any authority, over the terms and conditions of your employer/employee relationships, including, but not limited to, the ability to hire, fire, discipline, affect compensation and/or benefits, direct and/or supervise your employees, or any other matter governing the essential terms and conditions of your employee's employment with you. YOU AND YOUR OWNERS ASSUME ALL OBLIGATIONS AND RESPONSIBILITIES WITH RESPECT TO YOUR RESPECTIVE EMPLOYEES UNDER LOCAL LABOR OR SOCIAL SECURITY LAWS AND ALL OTHER APPLICABLE LAW.
- 20.5 Taxes.
Source: Item 17 — RENEWAL TERMS. (FDD pages 208–228)
What This Means (2025 FDD)
According to Petro Stopping Center's 2025 Franchise Disclosure Document, Petro Stopping Center will not be obligated for any damages to any person or property that directly or indirectly arise from the Petro Stopping Center's operation or the business the franchisee conducts under the agreement. The franchisee is responsible for all obligations and responsibilities with respect to their employees under local labor or social security laws and all other applicable laws. The franchisee also assumes responsibility for the payment of all taxes levied upon them or the Petro Center in connection with the business they conduct, except for any taxes Petro Stopping Center is legally required to collect from them regarding purchases.
Furthermore, the franchisee agrees to defend, indemnify, and hold harmless Petro Stopping Center from all claims based upon or arising out of the franchisee's breach of the agreement, the franchisee's ownership, development, or operation of the Petro Center, the franchisee's violation of any applicable laws, the acts or omissions of the franchisee or their owners or employees, or any injuries or damages sustained in connection with the Petro Center or the franchisee's business. This indemnification extends to claims caused by the negligence of Petro Stopping Center or its affiliates and applies regardless of whether joint or several liability may be imposed upon Petro Stopping Center by applicable law.
This means that as a Petro Stopping Center franchisee, you bear significant responsibility for any damages or liabilities arising from your business operations. You are expected to maintain adequate insurance coverage and adhere to all applicable laws and regulations to mitigate potential risks. The indemnification clause further protects Petro Stopping Center from financial losses resulting from your actions or the actions of your employees. Prospective franchisees should carefully consider these liability and indemnification provisions and consult with legal and insurance professionals to fully understand their obligations and potential exposure.