Under the Development Agreement or Franchise Agreement with Brueggers Bagels, what does the Company agree to regarding liability for injuries during training?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
| I am the managing member of | ("Company"). Company has signed |
|---|---|
| a Development Agreement and/or Franchise Agreement | with BRUEGGER'S FRANCHISE |
| CORPORATION. In consideration for the training to be provided to the Company's employees and me | |
| by BRUEGGER'S FRANCHISE CORPORATION and/or its affiliates (collectively "BFC") Company | |
| agrees to hold BFC harmless from, and hereby waives any and | all liability of BFC and its officers, |
| directors, agents, employees, insurers, and franchisees for, any injury, claim, damage or incident which | |
| occurs in the course of training at any Bakery or other designated training facility(s) owned or controlled | |
| by BFC, specifically including personal injury and property damage, and even if caused in whole or in | |
| part by the negligence of BFC or any BFC employee. |
Company understands that:
- BFC has invited Company's employees onto its premises for training solely by virtue of Company's franchise relationship with BFC;
- Training may involve a variety of risks, including the risk of physical and/or emotional injury and property damage; and
- BFC assumes no liability to the Company, or employees of the Company for any harm incurred while in training and/or on BFC's premises.
Company acknowledge that its employees must look solely to the Company and its benefits programs and workers compensation insurance to cover the costs of any treatment for injuries or other losses or damages that its employees may sustain in training. Company will not attempt to hold BFC liable or financially responsible for any such losses or damages. Company acknowledges that the indemnification clause of Company's franchise agreement with BFC would apply to any claim against BFC by any of my employees.
Company certifies that it has and will maintain minimum insurance coverage as required by the franchise agreement, including worker's compensation and employees' liability per statutory requirements. At BFC's request, Company agrees to provide a certificate of insurance completed by Company's insurance carrier, certifying that the required minimum insurance coverage is in effect.
Company consents for BFC to arrange for medical treatment for any illness or injury that Company's employees might suffer while participating in the training program.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, the Company agrees to hold Bruegger's Franchise Corporation (BFC) harmless from any liability for injuries, claims, damages, or incidents that occur during training at any Bakery or designated training facility owned or controlled by BFC. This waiver of liability extends to BFC, its officers, directors, agents, employees, insurers, and franchisees. This agreement applies even if the injury or damage is caused in whole or in part by the negligence of BFC or any BFC employee.
In practical terms, this means that if a franchisee or their employees are injured during training, they cannot sue Brueggers Bagels for damages, even if the injury was a result of Brueggers Bagels's negligence. The franchisee is responsible for ensuring they have adequate insurance coverage, including worker's compensation, to cover any such incidents. The franchisee acknowledges that their employees must look solely to the Company and its benefits programs and workers compensation insurance to cover the costs of any treatment for injuries or other losses or damages that its employees may sustain in training.
Brueggers Bagels also states that it assumes no liability to the Company, or employees of the Company for any harm incurred while in training and/or on BFC's premises. The franchisee also consents for BFC to arrange for medical treatment for any illness or injury that Company's employees might suffer while participating in the training program. This clause highlights the importance of the franchisee maintaining adequate insurance and understanding the risks associated with the training program.