Does the indemnification obligation of a Kitchen Solvers franchisee apply regardless of any concurrent or contributing fault or negligence of Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, in the event of expiration or termination of this Agreement, you will remain liable for your indemnification obligations specified in Subparagraph 10.B or under common law and other obligations pursuant to any applicable lease for your Business premises or otherwise, which by their very nature are intended to survive the expiration or termination of this Agreement.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the franchisee's indemnification obligations survive the termination or expiration of the agreement. Specifically, the franchisee remains liable for indemnification obligations specified in Subparagraph 10.B or under common law.
This means that even after the franchise agreement ends, a Kitchen Solvers franchisee could still be responsible for covering losses, damages, or liabilities, as outlined in Subparagraph 10.B or under common law. These obligations extend beyond the agreement term.
The FDD excerpt does not specify whether this indemnification obligation applies regardless of Kitchen Solvers' own fault or negligence. To fully understand the scope of the indemnification clause, a prospective franchisee should review Subparagraph 10.B of the franchise agreement and seek clarification from Kitchen Solvers regarding whether the indemnification extends to situations where Kitchen Solvers' actions or negligence contributed to the claim.