Who is responsible for all costs and expenses related to the Dryject franchisee's performance, nonperformance, and the franchisor's enforcement of the Telephone Listing Agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee is solely responsible for all costs and expenses related to Franchisee's performance, Franchisee's nonperformance, and Franchisor's enforcement of this Agreement, which costs and expenses Franchisee will pay Franchisor in full, without defense or setoff, on demand.
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 is solely responsible for all costs and expenses related to their performance, nonperformance, and Dryject's enforcement of the Telephone Listing Agreement. This means that the franchisee must pay Dryject in full for these costs and expenses upon demand, without any right to defense or setoff. This obligation is outlined in the indemnification clause within the Telephone Listing Agreement.
This arrangement places a significant financial burden on the Dryject franchisee. They are not only responsible for their own actions but also for any costs Dryject incurs in enforcing the agreement due to the franchisee's actions or inactions. The franchisee cannot withhold payment or reduce the amount owed, even if they dispute the charges. This could include legal fees, court costs, and other expenses related to ensuring the franchisee complies with the Telephone Listing Agreement.
Furthermore, the franchisee agrees to indemnify, defend, and hold harmless Dryject and its affiliates from any losses, damages, claims, or demands related to the Telephone Listing Agreement. This means the franchisee is responsible for covering any liabilities Dryject incurs as a result of the franchisee's telephone listings. This could potentially expose the franchisee to substantial financial risk, depending on the nature and extent of claims that may arise. Prospective franchisees should carefully consider these financial responsibilities and seek legal counsel to fully understand the implications before signing the Franchise Agreement and Telephone Listing Agreement.