Are the insurance policies and limits described in Exhibit E for Bumper Man independent of the indemnification obligations under the Franchise Agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Minimum Requirements. Franchisee must obtain and maintain in effect for the Bumper Business the insurance policies set forth in Exhibit E, as may be amended by Franchisor from time to time. These insurance policies and limits described in Exhibit E will not limit, and are independent of, the indemnification obligations under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the insurance policies and limits outlined in Exhibit E are independent of the franchisee's indemnification obligations under the Franchise Agreement. This means that the insurance coverage a franchisee is required to maintain does not limit their responsibility to cover losses, expenses, or liabilities that Bumper Man might incur due to the franchisee's actions or the operation of the Bumper Business.
In essence, even if a franchisee has the required insurance coverage, they are still obligated to indemnify Bumper Man for any claims, losses, or expenses arising from their operation of the franchise. This indemnification obligation exists separately from the insurance policies.
This separation is a critical point for prospective franchisees. It highlights that insurance coverage is a baseline requirement, but it does not absolve the franchisee from potential financial responsibility beyond the policy limits. Franchisees should carefully consider the scope of their indemnification obligations and potentially seek additional insurance coverage or legal advice to mitigate their risk exposure.