Who are the 'Indemnified Parties' in the Dermani Medspa franchise agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- "Indemnified Parties" us, our affiliates, and our and their respective members, shareholders, directors, officers, employees, agents, successors, and assignees or designees.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the Indemnified Parties are defined within the agreement. These parties include Dermani Medspa itself, its affiliates, and their respective members, shareholders, directors, officers, employees, agents, successors, assignees, or designees.
This definition is important for prospective franchisees because it clarifies who the franchisee is obligated to protect and compensate in the event of certain claims, obligations, or damages. The franchisee agrees to indemnify, defend, and hold harmless these Indemnified Parties against any claims, obligations, and damages that arise directly or indirectly from the operation of the Franchised Business, the management of Dermani Medspa locations, the franchisee's conduct under the agreement, or any breach of the agreement by the franchisee.
However, this indemnification obligation does not apply if the claims, obligations, or damages are determined to be caused solely by Dermani Medspa's gross negligence or willful misconduct, as determined by a court of competent jurisdiction. This provides a limited exception for situations where Dermani Medspa is directly at fault. The agreement also specifies that each Indemnified Party has the right to defend any claim at the franchisee's expense and can agree to settlements or take other remedial actions. Dermani Medspa also has the right to designate the attorneys that the franchisee must retain to defend any claims subject to indemnification. This indemnity remains in effect even after the agreement expires or terminates.