factual

What costs are included in the indemnification provided by the Gold Star franchisee to the company?

Gold_Star Franchise · 2025 FDD

Answer from 2025 FDD Document

FRANCHISEE will indemnify, defend and hold the COMPANY harmless from and against any and all claims, debts, liabilities or obligations arising directly or indirectly from, as a result of or in connection with the operation of the Store (excluding, however, liabilities caused by (i)

FRANCHISEE's proper reliance on or use of procedures or materials provided by the COMPANY, or (ii) the COMPANY's gross negligence), and will pay all costs (including, without limitation, legal and accounting fees) incurred by the COMPANY in defending against and/or responding to them.

Source: Item 23 — Receipts (FDD pages 53–163)

What This Means (2025 FDD)

According to Gold Star's 2025 Franchise Disclosure Document, the franchisee is required to indemnify, defend, and hold Gold Star harmless from any claims, debts, liabilities, or obligations that arise directly or indirectly from the operation of the store. This indemnification excludes liabilities caused by the franchisee's proper reliance on or use of procedures or materials provided by Gold Star, or liabilities caused by Gold Star's gross negligence.

The costs covered by the franchisee's indemnification include all costs incurred by Gold Star in defending against or responding to claims, including legal and accounting fees. This means that if a claim is made against Gold Star due to the franchisee's operations, the franchisee is responsible for covering Gold Star's expenses in dealing with the claim.

This indemnification clause is a standard practice in franchising, designed to protect the franchisor from liabilities arising from the franchisee's day-to-day operations. However, it's important to note the exceptions: Gold Star assumes responsibility for its own gross negligence and for issues arising from the franchisee's proper use of Gold Star's systems and materials. A prospective franchisee should carefully consider the scope of this indemnification and consult with a legal professional to fully understand their obligations and potential liabilities.

Disclaimer: This information is extracted from the 2025 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.