Will Healthsource Chiropractic be held responsible for medical or chiropractic decisions made by professionals associated with a franchise?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
at any time fail or refuse to maintain any insurance coverage required by us or to furnish satisfactory evidence thereof, then we, at our option and in addition to our other rights and remedies under this Agreement, may, but need not, obtain such insurance coverage on your behalf, and you shall reimburse us on demand for any costs or premiums paid or incurred by us.
Notwithstanding the existence of such insurance, you are and will be responsible for all loss or damage and contractual liability to third persons originating from or in connection with the operation of the Franchise, and for all claims or demands for damages to property or for injury, illness or death of persons directly or indirectly resulting therefrom; and you agree to defend, indemnify and hold us harmless of, from, and with respect to any such claims, loss or damage, which indemnity shall survive the termination or expiration and non-renewal of this Agreement.
- h. In addition to the requirements of the foregoing paragraphs of this Paragraph 10.8, you must maintain any and all insurance coverage in such amounts and under such terms and conditions as may be required in connection with your lease or purchase of the Premises.
- i. The insurance HealthSource Chiropractic requires is for its own protection. You should consult with your own insurance agents, brokers, and attorneys to determine what types of coverages and what level of insurance protection you may need or desire, in addition to the coverages and minimum limits specified by HealthSource Chiropractic. Your obligation to maintain insurance coverage as described in this Agreement will not be reduced in any manner by reason of any separate insurance we maintain on our own behalf, nor will our maintenance of that insurance relieve you of any obligations under this Agreement.
- 10.9 Credit Cards and Other Methods of Payment. You must at all times have arrangements in existence with Visa, Master Card, and any other credit and debit card issuers or sponsors, check verification services, and electronic fund transfer systems that we designate from time to time, in order that the Franchise may accept customers' credit and debit cards, checks, and other methods of payment. We may require you to obtain such services through us or our affiliates or designated third parties.
HealthSource Chiropractic – 2025 Franchise Agreement
11. ADVERTISING.
11.1 By HealthSource Chiropractic. As stated in Paragraph 6.3a, due to the value of advertising and the importance of promoting the public image of HealthSource Chiropractic Clinic franchises, we may establish, maintain, and administer an Ad Fund to support and pay for national, regional, or local marketing and promotional programs that we deem necessary, desirable, or appropriate, in our sole discretion, to promote the good will and image of all HealthSource Chiropractic Clinic franchises. You will contribute to it the Advertising Fee set forth in Section 6.3a.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Agreement, franchisees are responsible for the operation of their business. Specifically, the franchisee is responsible for all loss, damage, and contractual liability to third persons originating from the operation of the franchise, and for all claims or demands for damages to property or for injury, illness, or death of persons resulting from the operation of the franchise. The franchisee agrees to defend, indemnify, and hold Healthsource Chiropractic harmless from any such claims, loss, or damage. This indemnification survives the termination or expiration and non-renewal of the Franchise Agreement.
Healthsource Chiropractic requires franchisees to maintain insurance coverage, but this insurance is primarily for Healthsource Chiropractic's protection. Franchisees are advised to consult with their own insurance agents, brokers, and attorneys to determine the types and levels of insurance protection they need in addition to the minimum requirements set by Healthsource Chiropractic. The franchisee's obligation to maintain insurance coverage is not reduced by any separate insurance Healthsource Chiropractic maintains, nor does Healthsource Chiropractic's insurance relieve the franchisee of their obligations under the agreement.
Furthermore, the franchisee is responsible for managing and operating the franchise in accordance with the Healthsource Chiropractic system, including providing all products and services and hiring chiropractors and clinical staff to provide chiropractic, physical therapy, and related services. The franchisee must operate the franchise in compliance with all professional laws and must inform Healthsource Chiropractic of any changes to these laws that could affect the franchise's operation. The franchisee is also exclusively responsible for the terms of employment, compensation, training, hiring, retention, and firing decisions for their employees and independent contractors, and must clearly communicate to employees that the franchisee is their employer, not Healthsource Chiropractic.