What is the 'Franchisor Group' that is being held harmless in the Engineering For Kids release?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee, its officers and directors, its owners, and their respective agents, heirs, administrators, successors, and assigns (the "Franchisee Group"), hereby forever release and discharge, and forever hold harmless Engineering for Kids International, LLC, its current and former affiliates and predecessors, and their respective shareholders, partners, members, directors, officers, agents, representatives, heirs, administrators, successors, and assigns (the "Franchisor Group"), from any and all claims, demands, debts, liabilities, actions or causes of action, costs, agreements, promises, and expenses of every kind and nature, at law or in equity, whether known or unknown, foreseen and unforeseen, liquidated or unliquidated, which the Franchisee Group and/or its owners had, have, or may have against any member of the Franchisor Group, including, without limitation, any claims or causes of action arising from, in connection with or in any way related or pertaining, directly or indirectly, to the Franchise Agreement, the relationship created by the Franchise Agreement, or the development, ownership, or operation of an Engineering For Kids Business. The Franchisee Group further indemnifies and holds the Franchisor Group harmless against, and agrees to reimburse them for any loss, liability, expense, or damages (actual or consequential) including, without limitation, reasonable attorneys', accountants', and expert witness fees, costs of investigation and proof of facts, court costs, and other litigation and travel and living expenses, which any member of the Franchisor Group may suffer with respect to any claims or causes of action which any customer, creditor, or other third party now has, ever had, or hereafter would or could have, as a result of, arising from, or under the Franchise Agreement or the Engineering For Kids Business. The Franchisee Group and its owners represent and warrant that they have not made an assignment or any other transfer of any interest in the claims, causes of action, suits, debts, agreements, or promises described herein.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 Engineering For Kids Franchise Disclosure Document, the 'Franchisor Group' in the general release language includes Engineering for Kids International, LLC, its current and former affiliates and predecessors, and their respective shareholders, partners, members, directors, officers, agents, representatives, heirs, administrators, successors, and assigns. This broad definition means that the release extends to a wide range of individuals and entities associated with Engineering For Kids.
This release is significant because it requires the 'Franchisee Group' to release and hold harmless the 'Franchisor Group' from any and all claims, demands, debts, liabilities, actions, or causes of action. This includes costs, agreements, promises, and expenses of every kind and nature, whether known or unknown, foreseen and unforeseen, liquidated or unliquidated. The release covers claims arising from or related to the Franchise Agreement, the relationship created by it, or the development, ownership, or operation of an Engineering For Kids Business.
Furthermore, the 'Franchisee Group' must indemnify and hold the 'Franchisor Group' harmless against any loss, liability, expense, or damages, including attorney's fees, arising from claims by customers, creditors, or other third parties related to the Franchise Agreement or the Engineering For Kids Business. This means that franchisees could be responsible for covering the legal costs and damages incurred by Engineering For Kids due to claims made by third parties related to the franchisee's business operations.
This type of release is common in franchise agreements, as it aims to protect the franchisor from potential liabilities and legal claims associated with the franchisee's operation of the business. Prospective franchisees should carefully review this release with legal counsel to understand the full scope of their obligations and potential liabilities.