Does the indemnification provision for Anago survive the expiration or termination of the Subfranchise Agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
SECTION 18.17 SURVIVAL.
All of the parties' obligations that expressly or by their nature survive the expiration or termination of this Agreement continue in full force after the expiration or termination of this Agreement until they are satisfied or by their nature expire.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the obligations within the Subfranchise Agreement that either expressly state or imply survival will remain in effect even after the agreement expires or is terminated.
Section 18.17 explicitly states that all obligations of the parties that expressly or by their nature survive the expiration or termination of the Agreement continue in full force after the expiration or termination of this Agreement until they are satisfied or by their nature expire.
While this section confirms the survival of certain obligations, the FDD does not specifically identify which sections contain indemnification provisions. To fully understand the scope of obligations that survive termination, a prospective Anago franchisee should carefully review the entire Subfranchise Agreement, paying close attention to any clauses related to indemnification, and seek legal counsel to clarify their responsibilities after the agreement ends.