Are Counselor Realty franchisees required to keep their offices safe?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Business and any change in the Franchisee's organizational documents.
- 8.2 Insurance. You must maintain types and levels of insurance coverage required by the state in which you operate your Business. You also must maintain other insurance required by law, and by your Office (including any Additional Office and Extension Office) lease or mortgage, and errors and omissions insurance coverage. You must maintain general liability insurance on an occurrence basis with a minimum limit of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, and errors and omission insurance with a minimum limit of at least $1,000,000. Insurance shall be with insurers and on forms acceptable to us, shall name Counselor as an additional insured, and waive subrogation. If we buy such insurance because you fail to do so (which we may, but are not required to, do) you will reimburse us immediately upon request.
- 8.3 Indemnification. You will defend, indemnify and hold harmless Counselor, its affiliates and their respective officers, agents, and employees from all suits, claims, demands, liabilities and costs, including attorneys' fees, in tort, contract, or otherwise, arising out of or in connection with your operation of the Business except to the extent caused by direct and proximate consequences of our negligence. You waive and release all claims against Counselor, its affiliates, and their respective officers, agents, and employees for damages to property or injuries to persons arising out of or in connection with operation of the Business except to the
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees must maintain certain insurance coverages. Specifically, they must maintain the types and levels of insurance coverage required by the state in which they operate their business. Additionally, they must maintain other insurance required by law and by their office lease or mortgage, as well as errors and omissions insurance coverage.
The required insurance includes general liability insurance on an occurrence basis with a minimum limit of at least $1,000,000 per occurrence and $2,000,000 in the aggregate. They must also have errors and omissions insurance with a minimum limit of at least $1,000,000. The insurance must be with insurers and on forms acceptable to Counselor Realty, name Counselor Realty as an additional insured, and waive subrogation.
If a Counselor Realty franchisee fails to maintain the required insurance, Counselor Realty has the option (but not the obligation) to buy such insurance, and the franchisee must reimburse Counselor Realty immediately upon request. Furthermore, the franchisee is required to defend, indemnify, and hold harmless Counselor Realty from all suits, claims, demands, liabilities, and costs arising out of the franchisee's operation of the business, except to the extent caused by Counselor Realty's negligence. This includes damages to property or injuries to persons.