Where can I find the definition of 'Indemnified Parties' related to the Aplus franchise agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall defend, indemnify and hold Franchisor and its affiliates, subsidiaries and parents, and their respective officers, directors, managers, members, partners, shareholders, independent contractors and employees (the "Indemnified Parties") harmless from all fines, suits, proceedings, claims, demands, liabilities, injuries, damages, expenses, obligations or actions of any kind (including costs and reasonable attorneys' fees) arising in whole or in part from Franchisee's ownership, operation, or occupation of the Franchised Business and APLUS Store, performance or breach of its obligations under this Agreement, failure to meet Franchisor requirements and System standards, breach of any warranty or representation in this Agreement or from the acts or omissions of Franchisee, its employees or agents, including its advertising of the Franchised Business, except as otherwise provided in this Agreement. Franchisor and any Indemnified Party shall promptly give Franchisee written notice of any claim for indemnification under this Section 21.3. Any failure to give the notice shall not relieve Franchisee of any liability under this Agreement except to the extent the failure or delay causes actual material prejudice. Franchisor shall have the right to control all litigation, and defend and/or settle any claim against Franchisor or other Indemnified Parties affecting Franchisor's interests, in any manner Franchisor deems appropriate. Franchisor may also retain its own counsel to represent Franchisor or other Indemnified Parties and Franchisee shall advance or
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, the definition of "Indemnified Parties" can be found within Section 21.3, which discusses indemnification. This section specifies who Aplus considers to be included within the scope of protection under the indemnification clause.
Specifically, the Indemnified Parties include Aplus and its affiliates, subsidiaries, and parents, as well as their respective officers, directors, managers, members, partners, shareholders, independent contractors, and employees. This definition clarifies the individuals and entities that Aplus seeks to protect from any liabilities, damages, or expenses arising from the franchisee's operation of the Aplus store.
This is a standard clause in franchise agreements. It means that as an Aplus franchisee, you are responsible for defending and protecting the listed parties from any claims or liabilities that arise due to your business operations. This includes covering costs like attorney's fees and damages resulting from lawsuits or claims.