Does the indemnity extend to actions by customers or visitors to a Beyond Juicery Eatery restaurant?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Any personal injury, death, or property damage suffered by any customer, visitor, operator, employee, or guest of your Restaurant; crimes committed on or near any of the premises, facilities of your Restaurant or vehicles used in the operation of your Restaurant; all acts, errors, neglects or omissions engaged in by you, your contractors or subcontractors, as well as any third party, arising out of or related to the design, construction, conversion, build-out, outfitting, remodeling, renovation, or upgrading of your Restaurant, whether or not any of the foregoing was approved by us; defects in any Restaurant you construct and/or operate, whether or not discoverable by you or by us; all acts, errors, neglects or omissions of you or your Restaurant and/or the Principal Owners, officers, directors, management, employees, agents, servants, contractors, partners, proprietors, affiliates or representatives of you or your Restaurant (or any third party acting on your behalf or at your direction), whether in connection with your Restaurant or otherwise, including without limitation, any property damage, injury or death suffered or caused by any delivery person or vehicle serving your Restaurant; all liabilities arising from or related to your offer, sale and/or delivery of products and/or services as contemplated by this Agreement; and any action by any customer of yours or visitor to your Restaurant or any other facility of your business.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the indemnity extends to actions by customers or visitors to a Beyond Juicery Eatery restaurant. Specifically, the franchisee is required to indemnify Beyond Juicery Eatery for any action by any customer or visitor to the restaurant. This means that the franchisee is responsible for protecting Beyond Juicery Eatery from any legal claims or liabilities arising from the actions of customers or visitors at the franchisee's restaurant.
This requirement places a significant responsibility on the franchisee to manage and mitigate risks associated with customer and visitor behavior at their location. It is important for a prospective franchisee to understand the scope of this indemnity and to ensure they have adequate insurance coverage to protect themselves from potential liabilities.
Beyond Juicery Eatery also requires franchisees to maintain Comprehensive General Liability Insurance, including premises liability and products liability, for an amount not less than $1,000,000 per occurrence with $2,000,000 aggregate. This insurance coverage will also extend to cover personal/advertising liability for an amount not less than $1,000,000 per occurrence. Franchisees must include Beyond Juicery + Eatery Franchising, LLC as an additional named insured to protect them from any liability by reason of ownership, maintenance, or operation by the franchisee's Restaurant.
In addition to insurance, franchisees should implement robust safety and security measures at their restaurants to minimize the risk of incidents involving customers or visitors. This could include training staff to handle difficult situations, maintaining a safe environment, and promptly addressing any potential hazards. Franchisees should also consult with legal counsel to fully understand their obligations under the indemnity provision and to develop strategies for managing potential liabilities.