Is a Beyond Juicery Eatery franchisee required to indemnify Beyond Juicery Eatery for breaches of contract?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
make such renovations, repairs, or alterations. You will indemnify and hold
us, our franchisees, and affiliates harmless from all fines, suits, proceedings, claims, demands, damages, liabilities, or costs, including, without limitation, reasonable attorney fees, arising out of any action or proceeding of any kind or nature that arises or grows out of or is in any way connected to the construction, renovation, or operation by you of the Restaurant. These renovation and remodeling expenses do not relieve you of the obligation to maintain the Restaurant and the premises, with routine maintenance obligations, throughout the term of the franchise agreement.
- Note 8 We require you to maintain an inventory of our proprietary merchandise and food products for retail sale to customers.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the standard franchise agreement requires franchisees to indemnify Beyond Juicery Eatery. However, this requirement is modified by addenda for franchisees operating in certain states. Specifically, the addenda for Indiana and New York state that franchisees will not be required to indemnify Beyond Juicery Eatery for liabilities resulting from the franchisee's reliance on procedures or products mandated by Beyond Juicery Eatery, provided those procedures or products were utilized as required.
This means that in most cases, a Beyond Juicery Eatery franchisee could be responsible for covering Beyond Juicery Eatery's legal costs and liabilities if the franchisee's actions lead to claims or lawsuits against Beyond Juicery Eatery. This could include situations like a customer injury due to the franchisee's negligence or a contract dispute with a supplier. However, the Indiana and New York addenda offer some protection to franchisees in those states.
The modification in Indiana and New York is a significant benefit for franchisees in those states, as it shifts some of the risk back to Beyond Juicery Eatery in situations where the franchisee is simply following the franchisor's instructions. Prospective franchisees should carefully review the indemnity provisions in the franchise agreement and any state-specific addenda to understand the full extent of their obligations and rights. Franchisees should consult with a legal professional to fully understand the implications of these clauses.