factual

Must the franchisee's insurance policies be primary and non-contributing with any insurance carried by Fly To Fit Franchise or its affiliates?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (b) Franchisee's policies (other than Workers Compensation) must (1) list Fly To Fit Franchise and its affiliates as an additional insured, (2) include a waiver of subrogation in favor of Fly To Fit Franchise and its affiliates, (3) be primary and non-contributing with any insurance carried by Fly To Fit Franchise or its affiliates, and (4) stipulate that Fly To Fit Franchise shall receive 30 days' prior written notice of cancellation.

Source: Item 22 — CONTRACTS (FDD page 44)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, franchisees are required to maintain specific insurance policies, and these policies, with the exception of Workers Compensation, must adhere to certain conditions. One of these conditions is that the franchisee's insurance policies must be primary and non-contributing with any insurance carried by Fly To Fit Franchise or its affiliates. This means that in the event of a claim, the franchisee's insurance coverage must be exhausted before any insurance held by Fly To Fit Franchise or its affiliates is utilized.

In addition to being primary and non-contributing, the franchisee's insurance policies must also list Fly To Fit Franchise and its affiliates as additional insured parties. This provides an added layer of protection for Fly To Fit Franchise, as they can be directly covered under the franchisee's policy. The policies must also include a waiver of subrogation in favor of Fly To Fit Franchise and its affiliates, preventing the insurance company from pursuing Fly To Fit Franchise for recovery of claim payments.

Furthermore, Fly To Fit Franchise requires that they receive 30 days' prior written notice of cancellation of the franchisee's insurance policies. This allows Fly To Fit Franchise ample time to ensure that the franchisee obtains replacement coverage, maintaining continuous protection for both parties. Franchisees must also provide Certificates of Insurance to Fly To Fit Franchise before opening their business and upon annual renewal of their insurance coverage, as well as at any time upon request, demonstrating proof of the required coverage.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.