Who are the 'Indemnitees' that Expense Reduction Analysts franchisees must indemnify?
Expense_Reduction_Analysts Franchise · 2025 FDDAnswer from 2025 FDD Document
You, as a material part of the consideration to be rendered to the Franchisor, agree to indemnify, defend and hold the Franchisor, as well as the Franchisor's directors, officers, principals/owners, managers, shareholders, affiliates, subsidiaries, employees, servants, agents, successors and assignees (collectively, the "Indemnitees"), harmless from and against any and all losses, damage, claims, demands, liabilities (including without limitation, economic loss and loss of profit (direct and indirect), indirect loss or consequential loss) and any Data Security Event, and causes of actions of every kind or character and nature, as well as costs and expenses incident thereto (including reasonable attorneys' fees and court costs), that are brought against any of the Indemnities (collectively, the "Claims") that arise out of or are otherwise related to (i) Your breach or attempted breach of, or misrepresentation under, this Agreement, (ii) Your obligations to any Regional Franchisee, Your taxes or liabilities of the Business, any negligent or willful act or omission by You, Your employees, agents, servants, contractors or others for whom You are legally responsible, or any warranty, promise or representation made by You or by any employee, agent, or other person acting on Your behalf, and (iii) any other operation, ownership, and/or management of the Business. Notwithstanding the foregoing, at the Franchisor's
Source: Item 23 — RECEIPTS (FDD pages 58–215)
What This Means (2025 FDD)
According to Expense Reduction Analysts' 2025 Franchise Disclosure Document, as a franchisee, you must indemnify and hold harmless the Franchisor, as well as the Franchisor's directors, officers, principals/owners, managers, shareholders, affiliates, subsidiaries, employees, servants, agents, successors and assignees (collectively, the "Indemnitees").
This means that the Expense Reduction Analysts franchisee is responsible for protecting these individuals and entities from any losses, damages, claims, liabilities, and causes of action, including legal costs, that arise from the franchisee's actions or breaches of the franchise agreement. This includes potential economic loss, loss of profit, indirect or consequential loss, and any Data Security Event.
Specifically, the franchisee's indemnification extends to claims related to (i) the franchisee's breach of the agreement, (ii) the franchisee's obligations, taxes, negligence, or representations, and (iii) the operation, ownership, or management of the franchisee's business. However, Expense Reduction Analysts may choose to defend against any claim, requiring immediate reimbursement of all expenses from the franchisee. This indemnification does not apply to claims arising from Expense Reduction Analysts' breach of the agreement or intentional misconduct.