Who is responsible for the expense of procuring and maintaining the insurance policies for a City Wide franchise?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
and responsibilities. CITY WIDE may, at its sole and absolute right, terminate the services of any Representative at any time without prior notice to Franchisee. If a named Representative who is providing Franchisee with services is terminated, however, CITY WIDE will advise Franchisee of the termination within a reasonable period after termination occurs and either will name a new Representative or will itself perform the services required under this Agreement until and unless a new Representative is named.
SECTION 17. Insurance
- 17.1 Franchisee will procure, at Franchisee's sole expense and maintain in full force and effect during the Term of this Agreement, an insurance policy or policies protecting Franchisee and CITY WIDE, and their officers, directors, partners and employees against any loss, liability, personal injury, death, or property damage or expense whatsoever arising or occurring upon or in connection with the Franchised Business, as CITY WIDE may reasonably require for its own and Franchisee's protection. Franchisee must name CITY WIDE as an additional insured in such policy or policies.
- 17.2 Such policy or policies will be written by an insurance company satisfactory to CITY WIDE in accordance with standards and specifications set forth in the Operating Manual or otherwise in writing, and will include, at a minimum (except as different coverages and policy limits may reasonably be specified for all franchisees from time to time by CITY WIDE in the Operating Manual or otherwise in writing) the following: comprehensive general liability insurance, hired/non-hired auto coverage, general liability umbrella policy, cyber insurance, employee dishonesty/crime policy, errors and omissions insurance, employment practices liability insurance, workers' compensation insurance (as determined by state of Franchised Business location), and business interruption insurance. The insurance afforded by the policy or policies respecting liability will not be limited in any way by reason of any insurance which may
be maintained by CITY WIDE. Within six (6) months after the signing of this Agreement, but in no event later than the date on which Franchisee acquires an interest in the real property on which Franchisee will develop and operate the Franchised Business, Franchisee must furnish CITY WIDE for approval a certificate of insurance showing compliance with the foregoing requirements. Such certificate will state that such policy or policies will not be canceled or altered without at least thirty (30) days prior written notice to CITY WIDE and will reflect proof of payment of premiums. Franchisee will also submit copies of such insurance policies. Maintenance of such insurance and the performance by Franchisee of the obligations under this Section 17.3 will not relieve Franchisee of liability under the indemnity provision set forth in this Agreement. Minimum coverage limits may be published in the Operating Manual and may be modified from time to time, as conditions require, by written notice from CITY WIDE to Franchisee.
- 17.3 If you provide service to a National Account, you must carry the types and coverages of insurance required by each National Account Contract and you are solely responsible to ensure that any subcontractors you use to perform the services to a National Account also carries the required types and coverages of insurance.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, the franchisee is solely responsible for the expense of procuring and maintaining insurance policies. The franchisee must maintain these policies throughout the term of the agreement. These policies protect both the franchisee and City Wide against any losses, liabilities, personal injury, death, property damage, or expenses arising from the franchised business. City Wide must be named as an additional insured in these policies.
The insurance policies must be written by a company satisfactory to City Wide and adhere to the standards in the Operating Manual. The minimum coverage includes comprehensive general liability insurance, hired/non-hired auto coverage, a general liability umbrella policy, cyber insurance, an employee dishonesty/crime policy, errors and omissions insurance, employment practices liability insurance, workers' compensation insurance (as determined by the state of the franchised business location), and business interruption insurance. The franchisee must provide City Wide with a certificate of insurance for approval within six months of signing the agreement, and no later than when the franchisee acquires an interest in the real property where the business will operate.
This certificate must confirm that the policies will not be canceled or altered without at least 30 days' prior written notice to City Wide and must show proof of premium payments. The franchisee must also submit copies of the insurance policies. If the franchisee fails to maintain the required insurance, City Wide has the right, but not the obligation, to procure the insurance and charge the franchisee for the coverage, including a reasonable fee for expenses incurred by City Wide. The franchisee is also responsible for promptly notifying City Wide of any actual, potential, or threatened claims under any insurance policy and must allow City Wide to assume the defense of any such claim.