Does the Fitstop general release extend to the principals, agents, and employees of the Releasor?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 17.2 You agree to be solely responsible for the services and results of services performed at locations where services are performed by you and to hold harmless and indemnify us, including our officers, directors, trustees, shareholders, heirs, executors, administrators, attorneys, successors, assigns, principals, agents, servants, employees, consultants, representatives, parents, owners, brokers, affiliates, subsidiaries, and related entities ("Franchisor Parties"), from any and all claims arising from actions by you, the members you are servicing, or your employees, agents, or representatives including, but not limited to, claims of employment or joint employment.
- ©2024 Fitstop USA, Inc. 17.3 If Franchisor Parties shall be subject to any claim, demand, or penalty or become a party to any suit or other judicial or administrative proceeding by reason of any claimed act or omission by you
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the franchisee agrees to indemnify Fitstop and its related parties. This indemnification extends to Fitstop's officers, directors, trustees, shareholders, heirs, executors, administrators, attorneys, successors, assigns, principals, agents, servants, employees, consultants, representatives, parents, owners, brokers, affiliates, subsidiaries, and related entities, collectively referred to as "Franchisor Parties."
This means a Fitstop franchisee is responsible for covering claims, demands, or penalties against the Franchisor Parties resulting from any action or failure to act by the franchisee, their members, employees, agents, or representatives. This includes, but isn't limited to, claims of employment or joint employment.
In practical terms, if someone brings a claim against Fitstop (or any of the Franchisor Parties listed) due to something the franchisee or their staff did or didn't do, the franchisee is responsible for covering the costs. This could include legal fees, settlements, and other expenses. Franchisees should ensure they have adequate insurance coverage and operate their business in a way that minimizes the risk of such claims.