Does Belocal assume any liability to third parties as a result of providing advice to the franchisee?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither Franchisee nor Franchisor shall be obligated by, or have any liability under, any agreements or representations made by the other, nor shall Franchisor be liable for any damages to any person or property directly or indirectly arising out of Franchisee's operation of the Franchised Business, whether or not caused by Franchisor's negligence or willful action or failure to act.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, Belocal does not assume liability for agreements or representations made by the franchisee, nor is it liable for damages arising from the franchisee's business operations, regardless of whether such damages are caused by Belocal's negligence or actions. This indicates that Belocal maintains a hands-off approach regarding the franchisee's dealings and is not responsible for the franchisee's actions that may lead to third-party claims.
This provision protects Belocal from potential lawsuits or financial burdens resulting from the franchisee's business conduct. However, it also places the onus on the franchisee to operate responsibly and in compliance with all applicable laws and regulations. Franchisees must understand that they are solely responsible for their business's liabilities and should secure adequate insurance coverage to mitigate potential risks.
This type of clause is common in franchise agreements, as franchisors typically seek to maintain a degree of separation from the day-to-day operations of individual franchise units. This allows Belocal to focus on maintaining brand standards and providing support without being directly liable for the actions of each franchisee. Prospective franchisees should carefully review this section of the Franchise Agreement and consult with legal counsel to fully understand their responsibilities and potential liabilities.