Who is included in the definition of 'Indemnitees' that an All Team USER must indemnify?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
USER will indemnify, defend and save harmless ATFC and its employees, agents, officers, directors, parents, subsidiaries, affiliates, successors and assigns ("Indemnitees") from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including without limitation legal fees and expenses) of any kind and nature whatsoever, including without limitation damages or injuries suffered by Indemnitees, which may be imposed on, incurred by or asserted against the Indemnitees in any way arising out of the acts or omissions of USER or its employees, agents, officers, directors, parents, subsidiaries, affiliates, successors and assigns ("Indemnitors") pursuant to or relating to this Agreement or the transactions or relationships contemplated hereby or a breach or default by USER under this Agreement regardless of whether the Indemnities were negligent or that said negligence was a contributing factor in the liability.
Source: Item 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the "Indemnitees" that a USER (franchisee) must indemnify, defend, and hold harmless include All Team Franchise Corporation (ATFC) and its employees, agents, officers, directors, parents, subsidiaries, affiliates, successors, and assigns. This means the franchisee is responsible for protecting these parties from liabilities, obligations, losses, damages, penalties, claims, actions, costs, and expenses.
The indemnification extends to any liabilities, damages, or injuries suffered by the Indemnitees that arise from the acts or omissions of the USER (franchisee) or its own employees, agents, officers, directors, parents, subsidiaries, affiliates, successors, and assigns (referred to as "Indemnitors"). This responsibility applies to matters relating to the Franchise Agreement or the transactions and relationships it covers.
Notably, the franchisee's duty to indemnify the Indemnitees applies regardless of whether the Indemnitees were negligent or if their negligence contributed to the liability. This places a significant responsibility on the franchisee to ensure their business operations do not create legal or financial risks for All Team and its related parties, even if those parties are partially at fault.