What claims are the Indemnified Parties indemnified against regarding the Even Hotels equipment, and who is considered an Indemnified Party?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Equipment Lessee will indemnify The Coca-Cola Company and its affiliates and each of their officers, agents, employees, directors, shareholders, affiliates, successors, and assigns (hereinafter the "Indemnified Parties") against, and hold Indemnified Parties wholly harmless from, any and all claims, actions, suits, proceedings, demands, damages, and liabilities of whatever nature, and all costs and expenses, including without limitation Indemnified Parties' reasonable attorneys' fees and expenses, relating to or in any way arising out of (a) the ordering, delivery, rejection, installation, purchase, leasing, maintenance, possession, use, operation, control or disposition of the Equipment or any portion thereof; (b) any act or omission of Equipment Lessee, including but not limited to any loss or damage to or sustained by the Indemnified Parties arising out of Equipment Lessee's failure to comply with all the terms and conditions of this Lease; (c) any claims for liability in tort with respect to the Equipment, excepting only to the degree such claims are the result of the Indemnified Parties' negligent or willful acts.
The provisions of this Section 10 will survive termination and expiration of this Lease.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, the Equipment Lessee will indemnify The Coca-Cola Company and its affiliates and each of their officers, agents, employees, directors, shareholders, affiliates, successors, and assigns (hereinafter the "Indemnified Parties") against certain claims. These claims include any and all actions, suits, proceedings, demands, damages, and liabilities of whatever nature, and all costs and expenses, including without limitation Indemnified Parties' reasonable attorneys' fees and expenses.
The claims against which the Indemnified Parties are protected relate to or arise from several aspects of the equipment. These include (a) the ordering, delivery, rejection, installation, purchase, leasing, maintenance, possession, use, operation, control, or disposition of the Equipment or any portion thereof; (b) any act or omission of Equipment Lessee, including but not limited to any loss or damage to or sustained by the Indemnified Parties arising out of Equipment Lessee's failure to comply with all the terms and conditions of this Lease; and (c) any claims for liability in tort with respect to the Equipment, excepting only to the degree such claims are the result of the Indemnified Parties' negligent or willful acts.
In essence, as an Even Hotels franchisee, you (as the Equipment Lessee) agree to protect the Indemnified Parties from any legal or financial repercussions stemming from your handling, use, or management of the equipment. However, this indemnification does not extend to situations where the Indemnified Parties themselves are negligent or act willfully, meaning they cannot be indemnified for their own mistakes or intentional misconduct. This section of the lease survives termination and expiration of the lease.