In a legal action between Ella Cafe and a franchisee, who is responsible for paying attorneys' fees?

According to Ella Cafe's 2024 Franchise Disclosure Document, the guarantor of the franchise agreement is responsible for paying all costs incurred by Ella Coffee Company, including reasonable attorney fees, in enforcing the Guaranty agreement. This means that if Ella Cafe has to take legal action to enforce the guaranty, the guarantor will be responsible for Ella Cafe's legal costs.

Additionally, the franchisee is responsible for indemnifying, defending, and holding harmless Ella Cafe from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses (including, without limitation, reasonable attorney's fees and disbursements) arising from the Franchisee's failure to comply with the obligation to ensure the Coffee House is compliant with the Americans With Disabilities Act.

Furthermore, in the event that a franchisee attempts to transfer their franchise without the consent of Ella Cafe, the franchisee may be responsible for covering Ella Cafe's attorney's fees associated with the transfer. Specifically, Ella Cafe may require the franchisee to pay a transfer fee of $10,000 plus any broker fees and other out-of-pocket costs incurred by Ella Cafe, including attorneys' fees.