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Who must Crawlspace Medic franchisees name as additional insureds and certificate holders on their insurance policies?

Crawlspace_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

TO THE FULLEST EXTENT PERMITTED BY LAW, FRANCHISEE AGREES TO EXONERATE AND INDEMNIFY AND HOLD HARMLESS CSM FRANCHISE GROUP, LLC, CRAWLSPACE MEDIC, LLC, AND ANY OF EITHER'S PARENT COMPANY, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS, ASSIGNS AND DESIGNEES (COLLECTIVELY REFERRED TO AS THE "CRAWLSPACE MEDIC INDEMNITEES") AS WELL AS THE CRAWLSPACE MEDIC INDEMNITEES' DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, DESIGNEES AND REPRESENTATIVES, FROM ALL CLAIMS BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATED TO THE OPERATION, CONDITION, OR ANY PART OF FRANCHISEE'S CRAWLSPACE MEDIC FRANCHISE, THE FRANCHISED BUSINESS, THE PRODUCTS, THE PREMISES, OR ANY ASPECT OF THE REAL ESTATE CONNECTED TO FRANCHISEE'S FRANCHISED BUSINESS, WHETHER CAUSED BY FRANCHISEE, FRANCHISEE'S AGENTS OR EMPLOYEES, OR ARISING FROM FRANCHISEE'S ADVERTISING OR BUSINESS PRACTICES, REGARDLESS OF WHETHER THE ALLEGED INJURY OR LIABILITY IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CRAWLSPACE MEDIC INDEMNITEES. FRANCHISEE AGREES TO PAY FOR ALL THE CRAWLSPACE MEDIC INDEMNITEES' LOSSES, EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) OR CONCURRENT OR CONTRIBUTING LIABILITY INCURRED IN CONNECTION WITH ANY ACTION, SUIT, PROCEEDING, INQUIRY (REGARDLESS OF WHETHER THE SAME IS REDUCED TO JUDGMENT OR DETERMINATION), OR ANY SETTLEMENT THEREOF FOR THE INDEMNIFICATION GRANTED BY FRANCHISEE HEREUNDER. THE CRAWLSPACE MEDIC INDEMNITEES SHALL HAVE THE RIGHT TO SELECT AND APPOINT INDEPENDENT COUNSEL TO REPRESENT ANY OF THE CRAWLSPACE MEDIC INDEMNITEES IN ANY ACTION OR PROCEEDING COVERED BY THIS INDEMNITY. FRANCHISEE AGREES THAT TO HOLD THE CRAWLSPACE MEDIC INDEMNITEES HARMLESS, FRANCHSIEE WILL REIMBURSE THE CRAWLSPACE MEDIC INDEMNITEES AS THE COSTS AND EXPENSES ARE INCURRED BY THE CRAWLSPACE MEDIC INDEMNITEES.

Source: Item 22 — CONTRACTS (FDD page 42)

What This Means (2024 FDD)

Based on the 2024 Crawlspace Medic Franchise Disclosure Document, Crawlspace Medic franchisees must indemnify CSM Franchise Group, LLC, Crawlspace Medic, LLC, and any of either's parent company, subsidiaries, divisions, affiliates, successors, assigns and designees, as well as their directors, officers, employees, agents, shareholders, successors, designees, and representatives. This extensive list of entities and individuals must be protected from claims related to the franchisee's Crawlspace Medic operation.

This indemnification extends to claims arising from the operation, condition, or any part of the franchisee's Crawlspace Medic franchise, the franchised business, the products, the premises, or any aspect of the real estate connected to the franchised business. It also covers situations caused by the franchisee, their agents or employees, or arising from the franchisee's advertising or business practices, even if the Crawlspace Medic indemnitees were negligent.

The franchisee is responsible for covering all losses and expenses, including attorney's fees, incurred by the Crawlspace Medic indemnitees in connection with any action, suit, proceeding, or inquiry related to the indemnification. The Crawlspace Medic indemnitees have the right to select and appoint independent counsel to represent them in any action covered by this indemnity, and the franchisee must reimburse them for these costs as they are incurred.

Disclaimer: This information is extracted from the 2024 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.