What specific services are included when PAR defends and indemnifies a Dq Treat Participating Location against losses due to negligent acts or omissions?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
b. By PAR in General. PAR will defend and indemnify Participating Location, its affiliates and their respective officers, directors, employees, agents, successors, and assigns from and against any and all damages, losses, fines, penalties, costs, expenses, liabilities and other amounts (including reasonable attorney fees and expenses) ("Losses") suffered or otherwise incurred by any of them arising from or in connection with or otherwise relating to: (i) bodily injury (including death) or damage to or loss of any tangible property caused by the negligent acts or omissions of PAR or its sub-contractors and their respective officers, directors, employees, agents, suppliers, sub-suppliers, successors and assigns in providing the SSS or Help Desk Support Services; (ii) gross negligence or willful misconduct of PAR or its sub-contractors and their respective officers, directors, employees, agents, suppliers, sub-suppliers, successors and assigns in providing the SSS and/or Help Desk Support Services, and (iii) any violation of Law by PAR or its sub-contractors and their respective officers, directors, employees, agents, suppliers, sub-suppliers, successors and assigns or any of their respective employees, officers, directors, agents or representatives in providing the SSS and/or Help Desk Support Services. Notwithstanding the foregoing, PAR is not liable to defend, indemnify or hold harmless
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, PAR (presumably a third-party service provider) provides defense and indemnification to Participating Locations under specific circumstances related to their services. These services include PARPay Services, State Management Services, Device Management Service, Device Software, SSS (likely an abbreviation for a specific service), and Help Desk Support Services.
PAR will defend and indemnify Dq Treat Participating Locations against losses resulting from bodily injury (including death) or damage to tangible property caused by PAR's or its subcontractors' negligent acts or omissions in providing these listed services. This also extends to losses from gross negligence or willful misconduct by PAR or its subcontractors in delivering these services. Furthermore, PAR will defend and indemnify Participating Locations against losses stemming from any violation of law by PAR or its subcontractors in the course of providing these services.
However, PAR is not liable for any losses directly arising from the negligent or willful misconduct of the Participating Location itself, or any violation of law by the Participating Location or its subcontractors. This means that Dq Treat franchisees are responsible for their own actions and compliance with the law. The indemnification by PAR is limited to specific services they provide and does not cover the franchisee's own negligence or legal violations.