factual

What is the scope of the Circle K franchisee's indemnification obligation to the Franchisor Parties?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee agrees to indemnify, defend and hold Franchisor Parties harmless from and against any liability, damage, injury, or loss (including attorneys' fees and all costs) that Franchisor Parties may incur, arising out of or relating to (a) the Franchise Agreement, (b) the operation of the Circle K Store at the Authorized Location at any time prior to and through the Effective Date, or (c) Franchisee's breach of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 100–359)

What This Means (2025 FDD)

According to the 2025 Circle K Franchise Disclosure Document, the franchisee is obligated to indemnify, defend, and hold the Franchisor Parties harmless. This means the franchisee must protect Circle K from any liability, damage, injury, or loss, including legal fees and costs, that the Franchisor Parties might face.

The franchisee's indemnification responsibilities extend to issues arising from (a) the Franchise Agreement itself, (b) the operation of the Circle K store at the authorized location both before and through the effective date of the agreement, and (c) any breach of the Franchise Agreement by the franchisee. This broad scope means that a wide range of operational and contractual issues could trigger the franchisee's duty to indemnify Circle K.

This indemnification clause is a significant responsibility for Circle K franchisees. It requires them to bear the financial burden of potential liabilities, legal costs, and other losses incurred by Circle K due to the franchisee's actions or the store's operation. Prospective franchisees should carefully evaluate this obligation and consider obtaining appropriate insurance coverage and legal advice to mitigate these risks.

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.