factual

Does the indemnification clause for Counselor Realty extend to its affiliates?

Counselor_Realty Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (b) pay all sums due to Counselor or its affiliates or which we have guaranteed;

Source: Item 22 — CONTRACTS (FDD page 32)

What This Means (2025 FDD)

According to Counselor Realty's 2025 Franchise Disclosure Document, the franchisee's indemnification obligations do extend to Counselor Realty's affiliates. Specifically, in the event of early termination due to failure to maintain the minimum number of sales agents in an Extension Office, the franchisee is obligated to pay all sums due to Counselor Realty or its affiliates. Additionally, upon termination or expiration of the Franchise Agreement, the franchisee is required to pay all sums due to Counselor Realty or its affiliates or which they have guaranteed.

This means that a Counselor Realty franchisee could be responsible for covering the debts, losses, or liabilities of Counselor Realty's affiliated entities, in addition to their own obligations. This could include financial responsibilities arising from the operations, guarantees, or other activities of these affiliates.

Prospective franchisees should carefully evaluate the potential financial implications of this indemnification clause and seek legal counsel to fully understand their obligations and potential risks. Understanding the scope of 'affiliates' and the nature of potential liabilities is crucial before entering into a franchise agreement with Counselor Realty.

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.