Does the indemnity extend to defects in a Beyond Juicery Eatery restaurant, even if undiscoverable?

According to the 2025 FDD, Beyond Juicery Eatery requires franchisees to indemnify them. Specifically, the franchisee will indemnify and hold Beyond Juicery Eatery, its franchisees, and affiliates harmless from all fines, suits, proceedings, claims, demands, damages, liabilities or costs, including, without limitation, actual attorneys' fees. The FDD does not specifically state whether this indemnification extends to undiscoverable defects in the restaurant.

This means that as a Beyond Juicery Eatery franchisee, you could be responsible for covering a wide range of costs and legal fees incurred by the franchisor or other franchisees due to your restaurant's operations. This could include costs arising from issues like customer injuries, food safety violations, or disputes with suppliers. The franchisee is responsible for maintaining the interior and exterior of their Restaurant (and all fixtures, furnishings, signs, menu boards, equipment, sidewalks, walkways, and parking lots) in good order and first-class condition and repair and in compliance with the Standards and Specifications of the System and all applicable laws, rules, regulations, and ordinances.

Given the lack of explicit detail about undiscoverable defects, it is important for a prospective franchisee to seek clarification from Beyond Juicery Eatery regarding the scope of this indemnification. Understanding the specific circumstances under which you would be required to indemnify the franchisor is crucial for assessing the potential financial risks of operating a franchise. It would be prudent to consult with a legal professional to fully understand the implications of the indemnification clause and to determine what protections you may need to secure.