Under what conditions is a Brueggers Bagels franchisee in Washington not obligated to indemnify an indemnified party?

According to Brueggers Bagels's 2025 Franchise Disclosure Document, specifically the Washington Addendum to the License Agreement and the Development Agreement, a franchisee in Washington is not required to indemnify or hold harmless an indemnified party under certain conditions. This modification is included to comply with the Washington Franchise Investment Protection Act. These stipulations apply specifically to franchise or development agreements within Washington state.

Specifically, a Brueggers Bagels franchisee has no obligation to indemnify or hold harmless an indemnified party for losses if those losses are determined to have been caused solely and directly by the indemnified party's negligence. This also applies if the losses are a result of the indemnified party's willful misconduct, strict liability, or fraud. This amendment clarifies the scope of the franchisee's indemnification obligations in Washington, providing additional protection to the franchisee.

This provision is important for prospective Brueggers Bagels franchisees in Washington as it limits their liability in situations where the franchisor or another indemnified party is directly responsible for the losses. It ensures that franchisees are not unfairly burdened with covering losses caused by the franchisor's own actions or negligence. Franchisees should carefully review this section of the Washington Addendum with legal counsel to fully understand their rights and obligations regarding indemnification.