Does the Closet Storage Concepts Transfer Agreement include any provisions for indemnification?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.4.3 Franchisee has executed a release of any and all claims against Franchisor and its parents, affiliates, and their equity owners, officers, directors, agents, employees, attorneys and accountants arising out of or related to this Agreement or any related agreement.
The release shall contain language and be of the form chosen by Franchisor, except the release shall not release any liability specifically provided for by any applicable state statute regulating franchising.
Our current form of release is attached to this Agreement as Exhibit "5".
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided do not contain specific clauses outlining indemnification within the Closet Storage Concepts Transfer Agreement. While the document details various conditions and requirements for franchise transfers, such as the transferee's qualifications, payment of transfer fees, and execution of new agreements, it does not explicitly mention indemnification.
However, the FDD does state that the franchisee must execute a release of any and all claims against Closet Storage Concepts and its affiliates when renewing their agreement. This release covers claims related to the Franchise Agreement or any related agreement. The franchisor chooses the language and form of the release, but it cannot release any liability specifically provided for by any applicable state statute regulating franchising.
Because the excerpts do not provide the full Transfer Agreement, it is not possible to determine whether it contains indemnification provisions. A prospective Closet Storage Concepts franchisee should review the complete Transfer Agreement and consult with a legal professional to fully understand their rights and obligations, including any potential indemnification responsibilities, before signing any agreements.