Under the Bojangles franchise agreement, what claims is the franchisee required to indemnify the franchisor against?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
It is understood and agreed that nothing in this Agreement authorizes Franchisee to make any contract, agreement, warranty, or representation on Franchisor's behalf, or to incur any debt or other obligation in Franchisor's name, and that Franchisor shall in no event assume liability for, or be deemed liable hereunder as a result of, any such action, or by reason of any act or omission of Franchisee in its conduct of the Franchised Business or any claim or judgment arising therefrom. Franchisee shall indemnify and hold Franchisor and Franchisor's officers, directors, shareholders, and employees harmless against any and all claims arising directly or indirectly from, as a result of, or in connection with, Franchisee's operation of the Franchised Business, as well as the costs, including attorneys' fees, of defending against them.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisee is required to indemnify and hold harmless Bojangles, its officers, directors, shareholders, and employees from any claims arising directly or indirectly from the franchisee's operation of the franchised business. This also includes covering the costs, including attorney's fees, for defending against such claims.
In simpler terms, this means that if someone sues Bojangles because of something the franchisee or their restaurant did (or didn't do), the franchisee is responsible for covering Bojangles's legal costs and any resulting damages. This indemnification clause is a standard provision in franchise agreements, designed to protect the franchisor from liabilities caused by the actions of individual franchisees.
This clause highlights the importance of franchisees operating their Bojangles location responsibly and in compliance with all applicable laws and regulations. Franchisees should ensure they have adequate insurance coverage to protect themselves against potential claims. It is also crucial for franchisees to understand and adhere to Bojangles's operational standards and procedures to minimize the risk of claims that could lead to indemnification obligations.