What parties are included in the definition of 'Franchisor Parties' that Fitstop franchisees must indemnify?
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.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the franchisee is required to indemnify a broad range of parties, collectively known as "Franchisor Parties." This means the franchisee agrees to protect these parties from claims and liabilities arising from the franchisee's actions, the actions of their members, employees, or representatives. This indemnification extends to claims related to employment or joint employment.
The definition of "Franchisor Parties" is extensive, encompassing not only Fitstop itself but also its officers, directors, trustees, shareholders, heirs, executors, administrators, attorneys, successors, assigns, principals, agents, servants, employees, consultants, representatives, parents, owners, brokers, affiliates, subsidiaries, and related entities. This comprehensive list means that a Fitstop franchisee's responsibility to indemnify extends far beyond just the main Fitstop company.
This indemnification clause is a significant responsibility for the franchisee. It requires them to cover legal costs, settlements, and other expenses incurred by the Franchisor Parties due to claims or actions related to the franchisee's business operations. Franchisees should ensure they have adequate insurance coverage and risk management practices in place to mitigate potential liabilities. It is also advisable to consult with a legal professional to fully understand the scope and implications of this indemnification clause.