Does Anago's performance of my obligations relieve me of liability under the indemnity provisions in the Anago franchise agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
Your obligation to maintain the policies in the amounts required is not limited in any way by reason of any insurance We maintain, nor will Our performance of Your obligations relieve You of liability under the indemnity provisions in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago's performance of a franchisee's obligations does not relieve the franchisee of liability under the indemnity provisions in the franchise agreement. This means that even if Anago steps in to fulfill certain responsibilities that a franchisee is supposed to handle, the franchisee remains responsible for any liabilities arising from the indemnity provisions.
This condition is significant because it clarifies that the franchisee's duty to indemnify Anago for certain claims and losses remains intact, regardless of whether Anago has taken action to perform those obligations themselves. The indemnity provisions typically require the franchisee to protect Anago from costs, losses, and damages resulting from the franchisee's operation of the Anago Unit Franchise or any breach of the agreement.
This clause ensures that Anago retains its right to seek indemnification from the franchisee, even if Anago has temporarily assumed responsibility for certain aspects of the franchisee's operations. Franchisees should be aware that their obligation to maintain required insurance policies is not limited by any insurance Anago maintains. This underscores the importance of franchisees understanding and meeting their insurance obligations as outlined in the franchise agreement.