Who are the Indemnified Parties that the Hydrodog franchisee must indemnify?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, as a franchisee, you are required to indemnify specific parties. These Indemnified Parties include Hydrodog itself, its affiliates, its parents, and the respective shareholders, directors, officers, employees, agents, successors, and assignees of Hydrodog, its affiliates, and its parents. This means that the franchisee is responsible for protecting these parties from claims, obligations, and damages arising from the franchisee's Hydrodog business operations or any breach of the franchise agreement.
The franchisee's indemnification extends to all claims, including obligations, actual, consequential, or other damages, and all costs reasonably incurred in defending against any claim. These costs encompass reasonable accountants', arbitrators', attorneys', paralegals', and expert witness fees, costs for investigating and proving facts, court costs, other litigation, arbitration, or alternative dispute resolution expenses, and travel and living expenses. Hydrodog retains the right to defend any claim made against it.
This indemnification obligation remains in effect even after the franchise agreement expires or is terminated. Furthermore, neither Hydrodog nor any other Indemnified Party is obligated to seek recovery from any insurer or third party or to mitigate losses and expenses before making a claim against the franchisee. The franchisee's responsibility to cover these costs will not be reduced even if Hydrodog or another Indemnified Party fails to pursue other avenues of recovery or mitigation.