Does the indemnification provided by a Counselor Realty franchisee to Counselor Realty extend to demands?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
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 extent caused by direct and proximate consequences of our negligence.
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 extends to demands. Specifically, the franchisee must defend, indemnify, and hold harmless Counselor Realty, its affiliates, and their respective officers, agents, and employees.
This indemnification covers all suits, claims, demands, liabilities, and costs, including attorney's fees. It applies in cases of tort, contract, or otherwise, arising out of or in connection with the franchisee's operation of the business.
However, there is an exception: Counselor Realty will not be indemnified for issues caused by the direct and proximate consequences of their own negligence. The franchisee also waives and releases all claims against Counselor Realty, its affiliates, and their respective officers, agents, and employees for damages to property or injuries to persons arising out of or in connection with the operation of the Business except to the extent caused by direct and proximate consequences of Counselor Realty's negligence.