factual

Who must the franchisee name as an 'additional insured' on their Burneys Sweets More insurance policies?

Burneys_Sweets_More Franchise · 2025 FDD

Answer from 2025 FDD Document

ge. The insurance policies shall name Franchisor and any affiliates, officers, members, owners, and employees Franchisee designates as an "additional insured" and shall expressly protect both Franchisor and Franchisee (and any other additional insured) on a primary and non-contributory basis and shall require the insurer to defend both Franchisee and Franchisor (and any other additional insured) in any action while reserving Franchisor's right to involve counsel of Franchisor's own choosing in protection of its own and system wide interests. Additionally, Franchisee's insurance policy must provide a waiver of subrogation in favor of Franchisor, its successors, assigns, officers, shareholders, and employees, thus waiving on behalf of Franchisee's insurer any right of subrogation by the insurance company against Franchisor and Franchisor's officers, shareholders, and employees. Franchisee understands that doing so does not necessarily furnish Franchisee with protection levels adequate to Franchisee's needs and that Franchisee's obligation to indemnify Franchisor as set forth above in this Agreement may exceed the amount of insurance Franchisee is required to obtain or does obtain. At least thirty (30) days prior to the time any insurance is first required to be carried by Franchisee and at least thirty (30) days prior to opening, Franchisee will deliver or caused to be delivered to Franchisor Certificates of Insurance evidencing the proper coverage with limits not less than those required by this Agreement and evidencing that Franchisor is named as an additional insured under such policy on a primary and non-contributory basis as required in this Agreement.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees are required to include specific parties as 'additional insured' on their insurance policies. The franchisee must name Burneys Sweets More and any of its affiliates, officers, members, owners, and employees that Burneys Sweets More designates.

This requirement ensures that Burneys Sweets More and its related parties are protected under the franchisee's insurance coverage. This protection extends to covering them on a primary and non-contributory basis, meaning the franchisee's insurance will be the first to respond to any claims, and Burneys Sweets More's insurance will not be required to contribute. The insurance policy must also require the insurer to defend both the franchisee and Burneys Sweets More in any legal actions.

Furthermore, the franchisee's insurance policy must include a waiver of subrogation in favor of Burneys Sweets More, its successors, assigns, officers, shareholders, and employees. This waiver prevents the franchisee's insurance company from pursuing any claims against Burneys Sweets More and its related parties for any payments made under the policy. Franchisees must provide Burneys Sweets More with certificates of insurance at least 30 days before the initial insurance requirement and 30 days before opening their store, as well as 30 days prior to the expiration of any policy, demonstrating compliance with these insurance requirements.

Disclaimer: This information is extracted from the 2025 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.