Does the Bonchon indemnification clause cover actions by visitors to any facility operated in conjunction with the area development business?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that you will, at your sole cost, at all times defend us, any affiliate of ours, the affiliates, subsidiaries, successors, assigns and designees of each; and, the officers, directors, managers, employees, agents, attorneys, shareholders, owners, members, designees and representatives of all of the foregoing (we and all others referenced above being the "Indemnitees"), and indemnify, reimburse and hold harmless us and the Indemnitees to the fullest extent permitted by law, from all claims, losses, liabilities and costs incurred in connection with any judicial, administrative or arbitration action or proceeding (including bankruptcy, insolvency, debtor/creditor or similar proceedings), suit, claim, demand, investigation, or formal or informal inquiry (regardless of whether any of the foregoing is reduced to judgment) or any settlement of the foregoing, which actually or allegedly, directly or indirectly, arises out of, is based upon, is a result of or is related in any way to any element of your entry into this Agreement; your establishment, construction, opening and operation of your Bonchon Restaurant and franchised Business, including any other business operating within or in relation to the Restaurant (which other business, if any, shall be subsumed within this paragraph's references to the Restaurant) and further including (without limitation) any personal, bodily or mental injury, death, property damage or loss, suffered by any customer, visitor, manager, operator, supplier, employee or guest of the franchised Restaurant or Business; crimes committed on or near any of the premises or facilities of your franchised Business or vehicles used by your franchised Business; 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 Bonchon Restaurant, whether or not any of the foregoing was approved by us; defects in any Bonchon Restaurant you construct and/or operate, whether or not discoverable by you or by us; all acts, errors, neglects or omissions of you or the franchised Business and/or the owners, officers, directors,
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the indemnification clause extends to cover claims, losses, liabilities, and costs related to incidents involving visitors at facilities operated in conjunction with the franchised Bonchon Restaurant.
Bonchon franchisees are required to defend and indemnify Bonchon (including its affiliates, officers, directors, etc.) from any claims arising from the operation of the Bonchon Restaurant and any other business operating within or related to the restaurant. This includes (without limitation) personal injury, death, property damage or loss suffered by any customer, visitor, manager, operator, supplier, employee or guest of the franchised Restaurant or Business.
This means that if a visitor to the Bonchon Restaurant or any related business suffers an injury or loss, and brings a claim against Bonchon, the franchisee is responsible for defending Bonchon and covering any resulting costs. This obligation extends to any other business operating within or in relation to the Restaurant. The franchisee's responsibility includes all costs associated with defending against such claims, including legal fees, settlement costs, and any judgments.