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What are the specific obligations of Annex Brands franchisees regarding insurance, as detailed in Item 9?

Annex_Brands Franchise · 2025 FDD

Answer from 2025 FDD Document

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If Franchisee fails or refuses to acquire and maintain insurance coverage conforming to the standards and limits prescribed by Franchisor, or to furnish satisfactory evidence of his, her or their insurance coverage, at its option and in addition to its other rights and remedies under this Agreement, Franchisor may but is not required to obtain, through agents and insurance companies of Franchisor's choosing, such insurance coverage on behalf of Franchisee as is necessary to meet Franchisor's standards. Franchisee will fully cooperate with Franchisor in its effort to obtain such insurance policies, will promptly execute all forms or instruments required to obtain any such insurance and will allow any inspections of the Center which are required to obtain the insurance. Payments for such insurance will be borne by Franchisee, and Franchisee expressly agrees to pay the required premiums or to reimburse Franchisor, on demand, any costs and premiums incurred by Franchisor. Nothing contained in this Agreement will be construed or deemed to impose any duty or obligation upon Franchisor to obtain or maintain any specific forms, kinds or amounts of insurance for or on behalf of Franchisee.

Failure by Franchisee to purchase or maintain any insurance required by this Agreement, or failure to reimburse Franchisor for its purchase of such insurance on behalf of Franchisee, will constitute a material default of this Agreement which, unless waived by Franchisor, will entitle Franchisor to terminate the Franchise in accordance with Subsection 15.B of this Agreement.

In addition to carrying insurance coverage, as described elsewhere in this Agreement, Franchisee agrees to participate in any group-wide or other then-current Franchisor-sponsored transit insurance program regarding small parcel, freight or transit damage and related risks, and Franchisee agrees to pay fully and timely all premiums assessed for such transit insurance program.

J. FRANCHISOR CUSTOMER REFERRALS AND OTHER PROGRAMS.

  1. Franchisor or its affiliates may choose to periodically offer Franchisee franchisor customer referrals, which may include business accounts, national accounts, work orders for products or services, and other fulfillment business. If Franchisee is willing and able to service a franchisor customer referral within its Protected Area in the manner and timeframe specified, and for the price that Franchisor has quoted Franchisee (which price will be less than the total price being paid by the customer), Franchisee may accept the franchisor customer referral

and perform the work according to the specifications agreed to in advance. If Franchisee is not in compliance with this Agreement or any other agreement between Franchisee and Franchisor or any of its affiliates, if Franchisee refuses a franchisor customer referral, or if Franchisor reasonably believes that Franchisee is unable to service a franchisor customer referral (including because Franchisee does not have the capability or resources, or is otherwise ineligible), Franchisor may service such franchisor customer referral itself, or through another Center or Commercial Logistics Center, an affiliated business, or a third party, regardless of where the customer is located and without any liability to Franchisee.

    1. Franchisor may require Franchisee to participate in any system-wide transportation programs, which may include an international ocean program, in which Franchisor internally books international ocean shipments with the shipping lines, provides appropriate documentation, collects payments from customers, pays shipping lines, and completes transactions with Centers. Franchisee agrees to execute the then-current documents that may be necessary to participate in these system-wide programs, such as Attachment 7 for the international ocean program. Franchisor may charge a fee to the extent that it supplies or administers any such program.
  • K. CO-BRANDING.

What This Means (2025 FDD)

According to the 2025 FDD, Annex Brands franchisees have several obligations regarding insurance. Franchisees must acquire and maintain insurance coverage that conforms to the standards and limits prescribed by Annex Brands. If a franchisee fails to do so, Annex Brands has the option to obtain the necessary insurance on behalf of the franchisee, who must then cooperate with Annex Brands in obtaining the policies and bear the costs of the premiums. Failure to purchase or maintain required insurance, or to reimburse Annex Brands for insurance purchased on the franchisee's behalf, constitutes a material default of the franchise agreement, potentially leading to termination.

In addition to standard insurance coverage, Annex Brands franchisees must participate in any group-wide or franchisor-sponsored transit insurance program covering small parcel, freight, or transit damage and related risks, and they must pay all premiums assessed for this insurance. The estimated annual premium for the required coverage ranges from about $1,500 to $5,000. The annual premium for workers' compensation insurance is based on employee payroll, with most state insurance carriers offering this coverage subject to an annual minimum premium of about $1,000.

Annex Brands may increase the minimum amounts of coverage required and require different or additional kinds of insurance at any time, including excess liability insurance, to reflect inflation, new risks, changes in law, higher damage awards, or other relevant changes. All insurance policies must provide for 30 days' prior written notice to Annex Brands of any material modification, cancellation, or expiration of a policy. Except for workers' compensation, employer's liability, comparable and/or employment practices insurance policies, each policy must name Annex Brands, its affiliates, and other indemnitees as additional insureds. Coverage must be issued using the correct company classification for retail stores specializing in business support, mailbox rental, and related services. Franchisees must also add Annex Brands, its affiliates, and other indemnitees to their workers' compensation and employment practices insurance policies as additional insureds. All insurance must be issued by responsible insurance companies with a Best's rating of not less than A.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.