What information should the notice of an Indemnifiable Claim include for Dog Haus?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.4.1 The Indemnitees shall give the Indemnitors prompt notice of any Indemnifiable Claim of which the Indemnitees are aware for which indemnification is required under this Section 14.4.
The notice shall specify whether the Indemnifiable Claim arises as a result of an Indemnifiable Claim by a third party against the Indemnitees (a "Third Party Claim") or whether the Indemnifiable Claim does not result from an Indemnifiable Claim by a third party against the Indemnitees (a "Direct Claim"), and shall also specify with reasonable particularity (to the extent that the information is available) the factual basis for the Indemnifiable Claim and the amount of the Indemnifiable Claim, if known.
If, through the fault of the Indemnitees, the Indemnitors do not receive notice of any Indemnifiable Claim in time to effectively contest the determination of any Losses and Expenses susceptible of being contested, the Indemnitors shall be entitled to set off against the amount claimed by the Indemnitees the amount of any Losses and Expenses incurred by the Indemnitors resulting from the Indemnitees' failure to give such notice on a timely basis.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, if an Indemnitee (Franchisor, its Affiliates, and their respective directors, officers, employees, shareholders, and agents) becomes aware of an Indemnifiable Claim for which indemnification is required, they must promptly notify the Indemnitors (Area Developer and its Owners and Affiliates).
The notice provided to the Indemnitors must specify whether the Indemnifiable Claim arises from a Third Party Claim (a claim by a third party against the Indemnitees) or a Direct Claim (a claim that does not result from a third-party claim).
Additionally, the notice must specify with reasonable particularity, to the extent that the information is available, the factual basis for the Indemnifiable Claim and the amount of the Indemnifiable Claim, if known. If the Indemnitees fail to provide timely notice, and this failure prevents the Indemnitors from effectively contesting any Losses and Expenses, the Indemnitors are entitled to offset the amount claimed by the Indemnitees by the amount of any Losses and Expenses they incurred due to the delayed notice.