To whom is the Indemnification payment payable for an Engel & Volkers franchise?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
| Type of Fee | Amount | Due Date | Remarks |
|---|---|---|---|
| they have been timely | |||
| reported. | |||
| Attorneys' Fees | Varies | On demand. | You are responsible for our |
| costs and attorney's fees if we | |||
| incur them in any litigation | |||
| proceeding with you in which | |||
| we prevail or if we have to | |||
| obtain an injunction against | |||
| you. | |||
| Indemnification | You must indemnify us and other parties against all costs and expenses, including attorney's fees, arising out of claims by third parties as a result of your actions or omissions | On demand | Payable to us or our affiliates and their respective directors, officers, employees or agents. |
Source: Item 6 — OTHER FEES (FDD pages 22–30)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the indemnification payment is payable to Engel & Volkers or its affiliates, as well as their respective directors, officers, employees, or agents. This payment is required to cover costs and expenses, including attorney's fees, that arise from third-party claims resulting from the franchisee's actions or omissions.
This means that if an Engel & Volkers franchisee's actions lead to a lawsuit or claim against Engel & Volkers by a third party, the franchisee is responsible for covering the associated costs. This includes not only the direct expenses incurred but also the legal fees and other costs that Engel & Volkers may incur in defending itself. The payment could be directed to Engel & Volkers directly or to any of its related entities or individuals acting on its behalf.
This indemnification clause is a standard practice in franchising, designed to protect the franchisor from liabilities arising from the franchisee's operations. Prospective Engel & Volkers franchisees should understand that this obligation could potentially involve significant financial exposure depending on the nature and extent of any claims made against them or Engel & Volkers due to their business activities. It is advisable to maintain adequate insurance coverage and to operate the franchise in a manner that minimizes the risk of third-party claims.