Does the indemnification obligation for Beyond Juicery Eatery extend to alleged infringements of intellectual property?

The 2025 Franchise Disclosure Document for Beyond Juicery Eatery addresses intellectual property and trademarks but does not explicitly state whether the franchisee must indemnify the franchisor against claims of intellectual property infringement. However, the FDD does state that in New York, franchisees will not be required to indemnify the franchisor 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 suggests that under certain conditions, indemnification may be required in other states.

Item 23 details the franchisee's obligations regarding Beyond Juicery Eatery's trademarks, including proper use, notification of infringements, and cooperation in protecting the trademarks. Franchisees must adhere to the franchisor's instructions and execute necessary documents for trade name registrations. They are also required to notify the franchisor of any trademark infringements or challenges and cooperate in any related legal proceedings. The franchisee cannot register or control any similar trademarks.

Because the FDD does not provide a comprehensive answer regarding indemnification for intellectual property infringement outside of New York, prospective franchisees should seek clarification from Beyond Juicery Eatery regarding the scope of their indemnification obligations. Specifically, they should inquire under what circumstances they would be required to indemnify the franchisor for intellectual property-related claims and whether this obligation is limited in any way.