What does the Floyds 99 franchisor indemnify the franchisee against in relation to claims?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisor shall indemnify and hold the Franchisee harmless from, and reimburse the Franchisee for, any loss, liability, claim or damages (collectively, the "Claims"), and all reasonable costs, expenses and attorneys' fees incurred defending any Claims brought against the Franchisee, or in any action in which the Franchisee is named as a party, which arises out of or is related to the Franchisee's authorized use of any Mark or copyrighted work of the Franchisor, which use is in compliance with the terms of this Agreement.
The Franchisee shall timely notify the Franchisor of any Claims for which it is seeking indemnity hereunder.
The Franchisor, at its option, shall be entitled to control the defense of any action or proceeding involving any Claims.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, Floyds 99 will indemnify and hold the franchisee harmless from any loss, liability, claim, or damages, including all reasonable costs, expenses, and attorney's fees, if claims are brought against the franchisee. This protection applies to any action in which the franchisee is named as a party, provided that the claim arises out of, or is related to, the franchisee's authorized use of any mark or copyrighted work of Floyds 99, and this use is in compliance with the terms of the franchise agreement.
This indemnification is contingent upon the franchisee promptly notifying Floyds 99 of any claims for which they seek indemnity. Floyds 99 retains the right, at its discretion, to control the defense of any action or proceeding involving such claims.
This means that if a franchisee is sued for something related to their authorized use of Floyds 99's trademarks or copyrighted materials, and they have followed the franchise agreement, Floyds 99 will cover the costs of defending against the lawsuit and any resulting damages. However, it's crucial for franchisees to provide timely notification of any claims to ensure they can receive this protection and that Floyds 99 can manage the defense strategy.