If Petro Stopping Center provides a waiver or suggestion, does it assume any liability or obligation?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 17 — RENEWAL TERMS. (FDD pages 208–228)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, Petro Stopping Center will not be held liable for the franchisee's obligations. Specifically, the agreement clarifies that neither Petro Stopping Center nor the franchisee will make any agreements, warranties, or incur any debt on behalf of the other unless expressly authorized in writing.
Petro Stopping Center will not be obligated for damages to any person or property arising from the operation of the Petro Center or the business conducted by the franchisee. This reinforces the independent contractor relationship and protects Petro Stopping Center from liabilities related to the franchisee's business activities.
Furthermore, the franchise agreement explicitly states that it does not create any employment relationship between Petro Stopping Center and the franchisee, their owners, or their personnel. Petro Stopping Center does not have authority over the franchisee's employment terms, including hiring, firing, compensation, or supervision of employees. This provision ensures that Petro Stopping Center is not considered a joint employer and is not liable for employment-related issues within the franchisee's business.