factual

Under what circumstances is a Bor Restoration franchisee required to provide indemnification?

Bor_Restoration Franchise · 2024 FDD

Answer from 2024 FDD Document

I hereby release and agree to indemnify BOR Franchising, LLC and its officers, directors, employees and agents harmless from and against any and all liability, expense (including court cost and attorneys' fees) and claims for damage of any nature whatsoever resulting from the investigation of my background in connection with my application to, and ongoing performance as a franchisee.

Source: Item 23 — Receipts (FDD pages 40–202)

What This Means (2024 FDD)

According to Bor Restoration's 2024 Franchise Disclosure Document, a franchisee agrees to indemnify the franchisor under specific conditions related to background checks. As part of the franchisee application and ongoing performance, Bor Restoration conducts credit and criminal background checks. The franchisee consents to these checks, which may occur at the time of application and during the term of the franchise agreement.

The franchisee agrees to release and indemnify Bor Restoration, including its officers, directors, employees, and agents, from any liability, expenses (including court costs and attorney's fees), and claims for damages resulting from the background investigation. This indemnification covers any issues arising from the investigation related to the franchisee's application and their performance as a franchisee.

This means that if Bor Restoration incurs costs or liabilities due to issues connected to the franchisee's background check, the franchisee is responsible for covering those costs. This could include legal fees if a claim arises from the background check process or any damages awarded. The obligation to indemnify Bor Restoration continues throughout the term of the franchise agreement, reflecting the ongoing nature of the background checks.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.