Does Hydrodog have any liability for unrecognized tax benefits as of December 31, 2024?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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)
Based on the 2025 Hydrodog Franchise Disclosure Document, Hydrodog states that they will have no liability for any taxes related to the franchisee's Hydrodog business. This includes sales, use, alcohol surcharge, service, occupation, excise, gross receipts, income, payroll, property or other taxes. The only exception is for taxes that Hydrodog is legally required to collect from the franchisee related to purchases from them. Payment of all taxes is the franchisee's responsibility.
Furthermore, the franchisee agrees to indemnify, defend, and hold harmless Hydrodog and its affiliates from any claims, obligations, and damages, including all taxes described in the agreement and any claims and liabilities arising from the franchisee's Hydrodog business operation. This indemnification extends to Hydrodog's shareholders, directors, officers, employees, agents, successors, and assignees. The franchisee is responsible for all costs incurred in the defense of any claim against Hydrodog, including accountant, attorney, and expert witness fees.
This means that as a Hydrodog franchisee, you are solely responsible for all taxes related to your business. You also agree to protect Hydrodog from any tax-related liabilities or claims arising from your business operations. This could potentially create a significant financial burden for franchisees if tax issues arise. Prospective franchisees should consult with a financial advisor to fully understand the tax implications of owning a Hydrodog franchise and the scope of the indemnification agreement.