factual

Does the Azal Coffee franchisee's indemnification obligation cover property damage, injury, or death caused by delivery persons serving the Azal Coffee Franchise Business?

Azal_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their officers, directors, managers, employees, agents, attorneys, shareholders, owners, members, designees, representatives, successors, and assigns (the "Indemnitees") to the fullest extent permitted by law, from and against all claims, losses, liabilities and costs incurred in connection with any civil, criminal, or governmental action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry ("Proceeding") (regardless of whether any of the foregoing is reduced to judgment) or any settlement of the foregoing, which actually or allegedly, directly or indirectly, arises out of, is based on, is a result of, or is related in any way to any element of the establishment, construction, opening and operation of the Franchise Business, including: any personal injury, death or property damage suffered by any customer, visitor, operator, employee or guest of the Franchise Business; crimes committed on or near the Franchise Location or vehicles used by the Franchise Business; all acts, errors, neglects or omissions engaged in by you, your contractors or subcontractors, as well as any third party, arising out of or related to the design, construction, conversion, build-out, outfitting, remodeling, renovation or upgrading of the Franchise Location, whether or not any of the foregoing was approved by us; defects in any premises constructed by or operated by you, whether or not discoverable by you or us; all acts, errors, neglects, and omissions of you or the Franchise Business and/or the owners, members, officers, directors, management, employees, agents, servants, contractors, partners, proprietors, affiliates or representatives of you or the Franchise Business (or any third party acting on your behalf or at your direction), whether in connection with the Franchise Business or otherwise, including any property damage, injury, or death suffered or caused by any delivery person or vehicle serving the Franchise Business; all liabilities arising from or related to the offer, sale and/or delivery of products and/or services by you or the Franchise Business; and any action by any customer of or visitor to the Franchise Business.

Source: Item 22 — CONTRACTS (FDD page 51)

What This Means (2024 FDD)

According to Azal Coffee's 2024 Franchise Disclosure Document, the franchisee's indemnification obligation does extend to property damage, injury, or death caused by delivery persons serving the Azal Coffee Franchise Business.

Specifically, the franchisee must defend, indemnify, and hold harmless Azal Coffee and its affiliates from all claims, losses, liabilities, and costs related to any action arising from the operation of the Franchise Business. This includes any personal injury, death, or property damage suffered by any customer, visitor, operator, employee, or guest.

The indemnification extends to all acts, errors, neglects, and omissions of the franchisee or the Franchise Business, including any property damage, injury, or death suffered or caused by any delivery person or vehicle serving the Azal Coffee Franchise Business. This means that if a delivery person, while serving the Azal Coffee business, causes an accident resulting in property damage, injury, or death, the franchisee is obligated to indemnify Azal Coffee against any claims arising from that incident.

This broad indemnification clause places a significant responsibility on the Azal Coffee franchisee to ensure the safe operation of their business, including the actions of any delivery personnel. Franchisees should ensure they have adequate insurance coverage to address potential liabilities arising from delivery services.

Disclaimer: This information is extracted from the 2024 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.