Does the indemnity in Section 11.2 apply to costs and expenses related to Bft training programs?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor will not, under any circumstances, be responsible for, and the indemnities provided in Section 11.2 shall apply to, costs and expenses (including wages, benefits, and travel-related expenses) incurred by or owed to Franchisee or its personnel in or as a result of attending or participating in any training program described in this Agreement or otherwise provided by Franchisor or its designee.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, the indemnification clause in Section 11.2 does apply to costs and expenses related to Bft training programs. Specifically, Bft will not be responsible for costs and expenses incurred by the franchisee or its personnel in attending any training programs.
This means that the franchisee is responsible for covering all costs associated with training, including wages, benefits, and travel-related expenses for themselves and their employees. Furthermore, the franchisee must indemnify Bft against any losses, damages, claims, or liabilities arising from these training-related costs. This indemnification extends to Bft's owners, affiliates, successors, assigns, directors, officers, managers, employees, servants, and agents.
For a prospective Bft franchisee, this highlights the importance of budgeting for training-related expenses and understanding the scope of the indemnification obligations. It is crucial to factor in potential costs like travel, accommodation, and wages for employees attending training programs, as these will not be covered by Bft. Additionally, franchisees should be aware that they are responsible for defending and protecting Bft from any claims arising from these training-related expenses, which could include legal fees and court costs.