Is a Beyond Juicery Eatery franchisee required to indemnify Beyond Juicery Eatery for liabilities arising from the operation of the restaurant?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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, actual attorneys' fees,
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, a Beyond Juicery Eatery franchisee is generally required to indemnify the franchisor. Specifically, the franchisee must indemnify and hold Beyond Juicery Eatery, its franchisees, and affiliates harmless from all fines, suits, proceedings, claims, demands, damages, liabilities, or costs, including actual attorneys' fees. This broad indemnification clause means the franchisee could be responsible for covering a wide range of potential liabilities.
However, there are exceptions to this indemnification requirement for franchisees operating in New York. For these franchisees, the FDD states that they will not be required to indemnify Beyond Juicery Eatery for any liability imposed upon the franchisor as a result of the franchisee's reliance upon or use of procedures or products that were required by the franchisor, if such procedures or products were utilized by the franchisee in the manner required by the franchisor. This addendum is in recognition of the requirements of the General Business Laws of the State of New York.
For prospective franchisees, it's crucial to understand the scope of the indemnification clause and any exceptions that may apply based on their location. Franchisees should consult with a legal professional to fully grasp the potential liabilities they could be assuming under the Franchise Agreement and any state-specific addenda.