Who are the parties released and indemnified under the Consent and Release for Training for Dickeys Barbecue Pit?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
THE UNDERSIGNED HEREBY RELEASES, HOLDS HARMLESS, AND AGREES TO DEFEND & INDEMNIFY DICKEY'S BARBECUE RESTAURANTS, INC., DICKEY'S BARBECUE PIT, INC., THE OWNER(S) OF SUCH RESTAURANT(S), AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED & INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGE, COST AND EXPENSE SUFFERED OR INCURRED BY THE UNDERSIGNED AS A RESULT OF ANY SUCH VISIT, INSPECTION, TRAINING OR WORK. IT IS ACKNOWLEDGED THAT THE FOREGOING RELEASE AND INDEMNITY IS INTENDED TO BE AS BROAD AND COMPREHENSIVE AS PERMITTED BY LAW, AND INCLUDES LIABILITY, COST, DAMAGE, INJURY, COST AND EXPENSE SUFFERED AS A RESULT OR PARTLY AS A RESULT OF ANY NEGLIGENCE, ERROR OR OMISSION BY THE RELEASED & INDEMNIFIED PARTIES. The undersigned further represents that he has independently obtained or is covered by adequate insurance to cover the risk of loss or injury. Some states do not allow the limitations on liability set forth above. Accordingly, not all of the limitations set forth in this section may apply to undersigned.
Source: Item 22 — CONTRACTS (FDD pages 95–96)
What This Means (2024 FDD)
According to Dickey's Barbecue Pit's 2024 Franchise Disclosure Document, the Consent and Release for Training specifies the parties that the franchisee releases, holds harmless, defends, and indemnifies. These parties, collectively referred to as the "Released & Indemnified Parties," include Dickey's Barbecue Restaurants, Inc., Dickey's Barbecue Pit, Inc., the owner(s) of the restaurant(s) where training occurs, and their respective shareholders, officers, directors, employees, agents, representatives, affiliates, successors, and assigns.
This means that as a Dickey's Barbecue Pit franchisee, or a manager or investor undergoing training, you agree to protect these specified parties from any liability, loss, injury, damage, cost, and expense that you might suffer or incur as a result of visiting, inspecting, training, or working at any Dickey's restaurant. This release and indemnity is intended to be broad and comprehensive, covering any issues that arise from negligence, error, or omission by the Released & Indemnified Parties.
The document also states that the person signing the release represents that they have adequate insurance to cover any potential loss or injury. However, it also notes that some states do not allow such broad limitations on liability, so the extent to which these limitations apply may vary depending on the location of the franchise. Franchisees should consult with legal counsel to understand the full implications of this release and indemnity, especially in light of state-specific regulations.
This type of release is common in franchise agreements, as it protects the franchisor and related parties from potential liabilities arising from the franchisee's activities during training. However, franchisees should carefully review the scope of the release to understand what types of claims are being waived and ensure they have adequate insurance coverage.