factual

What entities must Hyper Kidz franchisees name as additional insureds in their insurance policies?

Hyper_Kidz Franchise · 2024 FDD

Answer from 2024 FDD Document

11.8.3 The insurance policies required herein shall:

  • (a) name us and our Affiliates as additional named insureds and contain a waiver of all subrogation rights against us, our Affiliates, and our respective successors and assigns;

  • (b) provide for thirty (30) days' prior written notice to us of any material modification, cancellation, or expiration of such policy;

  • (c) provide that the coverage applies separately to each insured against whom a claim is brought as though a separate policy had been issued to each insured;

Source: Item 22 — CONTRACTS (FDD page 52)

What This Means (2024 FDD)

According to the 2024 Hyper Kidz Franchise Disclosure Document, franchisees are required to name Hyper Kidz and its Affiliates as additional named insureds on their insurance policies. This requirement ensures that Hyper Kidz and its related entities are protected under the franchisee's insurance coverage in the event of a claim.

This provision also mandates that the insurance policies include a waiver of all subrogation rights against Hyper Kidz, its Affiliates, and their respective successors and assigns. Subrogation is the right of an insurance company to pursue a third party that caused a loss to the insured. By waiving subrogation rights, the franchisee's insurance company cannot seek to recover any payments made to Hyper Kidz or its Affiliates from these parties, providing them with additional protection.

Furthermore, the insurance policy must stipulate that coverage applies separately to each insured party as if each had been issued a separate policy. This is known as a 'separation of insureds' clause. This clause ensures that the coverage available to Hyper Kidz and its Affiliates is not limited or reduced due to any claims or actions involving the franchisee. This requirement is typical in franchise agreements to protect the franchisor from liabilities arising from the franchisee's operations.

Disclaimer: This information is extracted from the 2024 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.