What does the Dryject franchisee agree to do regarding losses, damages, claims, debts, demands, or obligations related to the Telephone Listing Agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that it will indemnify, defend, and hold harmless Franchisor and its affiliates, and the directors, officers, shareholders, partners, members, employees, agents, and attorneys of Franchisor and its affiliates, and the successors and assigns of any and all of them, from and against, and will reimburse Franchisor and any and all of them for, any and all loss, losses, damage, damages, claims, debts, claims, demands, or obligations that are related to or are based on this Telephone Listing Agreement.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the franchisee agrees to indemnify, defend, and hold harmless Dryject and its affiliates, including their directors, officers, shareholders, partners, members, employees, agents, and attorneys. This means the franchisee will protect Dryject from any loss, damage, claims, debts, demands, or obligations related to the Telephone Listing Agreement.
In practical terms, if any claims or legal issues arise concerning the telephone listings used for the Dryject franchise, the franchisee is responsible for covering the associated costs and protecting Dryject from any liability. This includes legal fees, settlement costs, and any other expenses incurred due to such claims. The franchisee must pay these costs in full without any defense or setoff, meaning they cannot withhold payment or reduce the amount owed based on their own claims or disputes.
This obligation extends to reimbursing Dryject for any losses or damages they incur related to the Telephone Listing Agreement. This requirement is significant because it places a potentially substantial financial burden on the franchisee. It is a common practice in franchising to include indemnification clauses, but franchisees should carefully consider the scope of their responsibilities and potential liabilities.
Furthermore, this agreement remains in effect even after the termination of the Franchise Agreement, as the Telephone Listing Agreement survives such termination. This means that even if the franchise relationship ends, the franchisee's obligation to indemnify Dryject for issues related to the Telephone Listing Agreement continues. Franchisees should seek legal counsel to fully understand the implications of this clause and assess the potential risks involved.