As a Hydrodog franchisee, am I required to pay federal and state income taxes?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
You will operate your HydroDog Business in full compliance with all applicable laws, ordinances and regulations, including, without limitation, all government regulations relating to occupational hazards and health, construction warranties, worker's compensation insurance, immigration, unemployment insurance, construction permitting, workplace safety, and withholding and payment of federal and state income taxes, social security taxes and sales taxes.
- 18.3 Taxes. We will have no liability for any sales, use, alcohol surcharge, service, occupation, excise, gross receipts, income, payroll, property or other taxes, whether levied upon you or your HydroDog Business, in connection with the business you conduct (except any taxes we are required by law to collect from you with respect to purchases from us). Payment of all such taxes is your responsibility.
- 18.4 Indemnification. You agree to indemnify, defend and hold harmless us, our affiliates, our parents, and our and our affiliates' and parents' respective shareholders, directors, officers, employees, agents, successors and assignees (the "Indemnified Party(ies)") against and to reimburse any one or more of the Indemnified Parties for all claims, obligations and damages described in this Section, any and all taxes described in this Agreement and any and all claims and liabilities directly or indirectly arising out of your HydroDog Business's operation (even if our negligence is alleged, but not proven) or your breach of this Agreement. For purposes of this indemnification, "claims" includes all obligations, damages (actual, consequential or otherwise) and costs reasonably incurred in the defense of any claim against any of the Indemnified Parties, including, without limitation, reasonable accountants', arbitrators', attorneys', paralegals' and expert witness fees, costs of investigation and proof of facts, court costs, other expenses of litigation, arbitration or alternative dispute resolution and travel and living expenses. We have the right to defend any such claim against us. This indemnity will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. Under no circumstances will we or any other Indemnified Party be required to seek recovery from any insurer or other third party, or otherwise to mitigate our, their or your losses and expenses, in order to maintain and recover fully a claim against you. You agree that a failure to pursue such recovery or mitigate a loss will in no way reduce or alter the amounts we or another Indemnified Party may recover from you.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, franchisees are responsible for adhering to all applicable laws and regulations, including those pertaining to federal and state income taxes. Specifically, franchisees must comply with government regulations related to withholding and payment of federal and state income taxes, social security taxes, and sales taxes. This means that as a Hydrodog franchisee, you are obligated to properly calculate, withhold, and remit these taxes to the appropriate government authorities.
Hydrodog emphasizes that franchisees are responsible for the payment of all taxes levied on them or their HydroDog Business, except for taxes that Hydrodog is legally required to collect from the franchisee related to purchases from Hydrodog. These taxes include sales, use, alcohol surcharge, service, occupation, excise, gross receipts, income, payroll, property, or other taxes. Hydrodog explicitly states that they will have no liability for these taxes, reinforcing the franchisee's responsibility.
Furthermore, the FDD states that franchisees agree to indemnify Hydrodog and its affiliates against any claims or liabilities arising out of the franchisee's HydroDog Business operation, including any and all taxes described in the agreement. This indemnification clause means that if Hydrodog incurs any costs or liabilities due to a franchisee's failure to pay taxes or comply with tax laws, the franchisee is responsible for reimbursing Hydrodog for those amounts. This underscores the importance of franchisees maintaining meticulous records and ensuring full compliance with all tax obligations to avoid potential legal and financial repercussions.