factual

Does the personal liability of the Franchisee to Deck Medic extend to the indemnification obligations outlined in Article 10 of the Franchise Agreement?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

10.B. INDEMNIFICATION BY FRANCHISEE

Franchisee and each Owner shall indemnify, defend through counsel acceptable to Franchisor, and hold Franchisor, Franchisor's affiliates, and their respective officers, directors, shareholders, members, owners, partners, agents, representatives, independent contractors, employees, assigns and successors (the

Source: Item 23 — RECEIPTS (FDD pages 43–228)

What This Means (2024 FDD)

According to Deck Medic's 2024 Franchise Disclosure Document, the franchisee's personal liability extends to the indemnification obligations outlined in Article 10 of the Franchise Agreement. Specifically, Article 10.B states that the franchisee and each owner must indemnify, defend, and hold harmless Deck Medic, its affiliates, and their respective officers, directors, shareholders, members, owners, partners, agents, representatives, independent contractors, employees, assigns, and successors. This means the franchisee is responsible for protecting Deck Medic from losses, expenses, claims, or damages arising from the franchisee's operation of the Deck Medic business.

Furthermore, if the franchisee is a corporate entity, each owner and their spouse must sign the Franchise Owner and Spouse Agreement and Guaranty, which includes guaranteeing the franchisee's obligations under the agreement. This extends personal liability to the owners and their spouses, binding them to confidentiality and non-competition covenants and restrictions. This is a common practice in franchising, where franchisors seek to ensure that individuals behind corporate entities are also personally invested in the success and compliance of the franchise.

In contrast, Article 18.R clarifies that Deck Medic's employees, officers, and authorized agents are not personally liable to the franchisee for fulfilling Deck Medic's obligations under the agreement. This provision aims to protect Deck Medic's personnel from personal liability, ensuring that the company itself is solely responsible for its contractual obligations. This distinction highlights that while the franchisee and its owners bear personal responsibility for their obligations, Deck Medic's personnel do not bear the same level of personal liability to the franchisee.

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.