What is the dependency for Craters & Freighters' indemnification of the franchisee in an infringement claim?

According to the 2025 Craters & Freighters Franchise Disclosure Document, the franchisee's obligation to indemnify or hold harmless an indemnified party for losses is contingent upon the cause of those losses, specifically in the state of Washington.

In Washington, Craters & Freighters franchisees are not obligated to indemnify or hold harmless any party if the losses are determined to have been caused solely and directly by the indemnified party's negligence, willful misconduct, strict liability, or fraud. This amendment to Section 14 of the Franchise Agreement, within the context of RCW 19.100.180(1), provides a specific condition under which the franchisee is not responsible for indemnification.

This condition offers a layer of protection for Craters & Freighters franchisees in Washington, ensuring they are not held liable for losses caused by the franchisor's or other indemnified parties' actions or failures. Prospective franchisees in Washington should understand this provision as a beneficial modification to the standard indemnification terms, providing clarity and limiting their liability in specific circumstances.