Does the indemnification obligation for Beyond Juicery Eatery extend to alleged violations of laws or regulations?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (10) You must comply with all requirements of all applicable federal, state, and local laws, rules and regulations.
B. Developer affirmatively covenants with us as follows:
-
- In recognition of the requirements of the Indiana Deceptive Franchise Practices Law, IC 23-2.2.7 and the Indiana Franchise Disclosure Law, IC 23-2-2-2.5, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- 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.
-
- In recognition of the requirements of the General Business Laws of the State of New York, Article 33, §§ 680 through 695, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- Section 13 is amended to provide that you will not be required to indemnify Franchisor for any liability imposed upon Franchisor as a result of your reliance upon or use of procedures or products that were required by Franchisor, if such procedures or products were utilized by you in the manner required by Franchisor.
- A. Use of Real Estate. Landlord hereby agrees to and acknowledges Franchisee's right to use and display Beyond Juicery + Eatery Trademarks, subject only to any limitations imposed by Franchisor and any local, state or federal law. Landlord agrees that it will not limit Franchisee's right to use Beyond Juicery + Eatery Trademarks.
- B. Applicable Law. This Assignment shall be construed according to the laws of the state in which the premises are located. If any provision, or portion of a provision, of this Assignment is or shall become in conflict with any applicable law, then the applicable law shall govern and such provision or portion of a provision shall be automatically deleted and shall not be effective
to the extent that it is not in accordance with applicable law.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees are generally required to comply with all applicable federal, state, and local laws, rules, and regulations. The standard franchise agreement requires franchisees to indemnify Beyond Juicery Eatery and its affiliates from various liabilities and costs.
However, the FDD includes addenda for specific states like Indiana and New York that modify the indemnification obligations. In Indiana, franchisees are not required to indemnify Beyond Juicery Eatery for liabilities resulting from their reliance on procedures or products mandated by the franchisor, provided they were used as required. Similarly, in New York, franchisees are not required to indemnify Beyond Juicery Eatery for any liability imposed upon Beyond Juicery Eatery as a result of the franchisee's reliance upon or use of procedures or products that were required by Beyond Juicery Eatery, if such procedures or products were utilized by the franchisee in the manner required by Beyond Juicery Eatery.
Additionally, the lease agreement addendum states that the franchisee's right to use and display Beyond Juicery Eatery trademarks is subject to local, state, or federal law. If any part of the lease agreement conflicts with applicable law, the law will govern, and the conflicting provision will be deleted, but the rest of the agreement remains in effect. These stipulations suggest that while franchisees generally bear responsibility for compliance, there are exceptions and limitations, particularly when following franchisor-mandated procedures or when state laws provide specific protections.