What must a Devon Creek franchisee's site location provide?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
TO THE FULLEST EXTENT PERMITTED BY LAW, FRANCHISEE AGREES TO EXONERATE AND INDEMNIFY AND HOLD HARMLESS DEVON CREEK FRANCHISE GROUP, LLC, LICENSOR, AND ANY PARENT COMPANY, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS, ASSIGNS AND DESIGNEES AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, DESIGNEES AND REPRESENTATIVES, (COLLECTIVELY REFERRED TO AS THE "DEVON CREEK INDEMNITEES"), FROM ALL CLAIMS BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATED TO THE OPERATION, CONDITION, OR ANY PART OF FRANCHISEE'S DEVON CREEK FRANCHISE, THE FRANCHISED BUSINESS, THE SERVICES OR PRODUCTS, THE FRANCHISED BUSINESS OFFICE LOCATION, 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. FRANCHISEE AGREES TO PAY FOR ALL THE DEVON CREEK 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 DEVON CREEK INDEMNITEES SHALL HAVE THE RIGHT TO SELECT AND APPOINT INDEPENDENT COUNSEL TO REPRESENT ANY OF THE DEVON CREEK INDEMNITEES IN ANY ACTION OR PROCEEDING COVERED BY THIS INDEMNITY. FRANCHISEE AGREES THAT
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the Devon Creek franchisee is responsible for the condition, operation, and all aspects of the real estate connected to their franchised business office location. The franchisee must also exonerate and indemnify Devon Creek Franchise Group, LLC from all claims related to the operation, condition, or any part of the franchisee's Devon Creek franchise, the franchised business, the services or products, the franchised business office location, or any aspect of the real estate connected to the franchised business. This includes responsibility for any issues caused by the franchisee, their agents, or employees, as well as those arising from the franchisee's advertising or business practices.
This means that a Devon Creek franchisee bears significant responsibility for maintaining a safe and legally compliant business location. They must ensure that the location's condition and operation do not lead to any claims or liabilities against Devon Creek. The franchisee is also responsible for covering all losses and expenses, including attorney's fees, that Devon Creek incurs due to any action, suit, or proceeding related to the franchisee's business location.
This requirement is fairly standard in franchising, as franchisors typically want to protect themselves from liabilities arising from the actions or negligence of their franchisees. Prospective Devon Creek franchisees should carefully evaluate the potential risks associated with their chosen location and ensure they have adequate insurance coverage and legal counsel to address any potential issues. They should also understand that they are responsible for all costs associated with defending against claims, even if those claims are ultimately unsuccessful.