Does the Beyond Juicery Eatery indemnification clause cover acts or omissions of the franchisee's employees?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 17 is amended to provide that you will not be required to indemnify us for any liability imposed upon us as a result of your reliance upon or use of procedures or products which were required by us, if such procedures or products were utilized by you in the manner required by us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the standard Beyond Juicery Eatery franchise agreement requires franchisees to indemnify the franchisor under certain conditions. However, an addendum to the franchise agreement for the state of Indiana modifies this. Specifically, Section 17 is amended to provide that franchisees will not be required to indemnify Beyond Juicery Eatery for any liability imposed upon them as a result of the franchisee's reliance upon or use of procedures or products which were required by Beyond Juicery Eatery, if such procedures or products were utilized by the franchisee in the manner required by Beyond Juicery Eatery.
While the excerpt indicates some protection regarding the franchisee's actions, it does not explicitly address whether the indemnification extends to the acts or omissions of the franchisee's employees. The standard indemnification clause might broadly cover the franchisee, including their business operations and personnel, but without specific language, it's difficult to determine the precise scope.
A prospective Beyond Juicery Eatery franchisee should carefully review the full indemnification clause in Item 17 of the Franchise Agreement and any related state-specific addenda with legal counsel. It is important to clarify whether the franchisee is responsible for the actions of their employees and under what circumstances this responsibility applies. Understanding the full scope of the indemnification is crucial for assessing potential liabilities and managing business risks.