What entities are included in the definition of "Indemnitees" that a Bombs Away franchisee must indemnify?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 16.1 Indemnity. Franchisee shall indemnify and defend (with counsel reasonably acceptable to Bombs Away Franchising) Bombs Away Franchising, its parent entities, subsidiaries and affiliates, and their respective owners, directors, officers, employees, agents, successors and assignees (collectively, "Indemnitees") against all Losses in any Action by or against Bombs Away Franchising and/or any Indemnitee directly or indirectly related to, or alleged to arise out of, the operation of the Business. Notwithstanding the foregoing, Franchisee shall not be obligated to indemnify an Indemnitee from Actions arising as a result of any Indemnitee's intentional misconduct or negligence. Any delay or failure by an Indemnitee to notify Franchisee of an Action shall not relieve Franchisee of its indemnity obligation except to the extent (if any) that such delay or failure materially prejudices Franchisee. Franchisee shall not settle an Action without the consent of the Indemnitee. This indemnity will continue in effect after this Agreement ends.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, as a franchisee, you are required to indemnify specific entities, referred to as "Indemnitees." This means you must protect them from losses and legal actions related to your Bombs Away business operations.
The Indemnitees include Bombs Away Franchising, its parent entities, subsidiaries, and affiliates. The definition extends to their respective owners, directors, officers, employees, agents, successors, and assignees. This encompasses a broad range of individuals and entities associated with the Bombs Away Franchising organization.
However, the franchisee is not obligated to indemnify an Indemnitee from actions arising as a result of any Indemnitee's intentional misconduct or negligence. This provides some protection to the franchisee, ensuring they are not responsible for the Indemnitee's own wrongful acts. The indemnity obligation remains in effect even after the Franchise Agreement ends.