Does the indemnification obligation of a Kitchen Solvers franchisee include attorney's fees?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You hereby waive all claims against us (and any affiliates, officers, directors, agents and employees) for damages to property, death, or injuries to persons arising directly or indirectly out of the management or operation of your Business. You must, at all times, defend, indemnify, reimburse and hold harmless to the fullest extent permitted by law, us, or subsidiaries, affiliates, successors and assigns and the representative directors, officers, shareholders, employees, agents and representatives (collectively, the "Indemnitees") from all losses and expenses (including attorneys' fees), incurred in connection with any action, suit, proceedin
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees are obligated to indemnify Kitchen Solvers, its subsidiaries, affiliates, successors, assigns, and their representatives. This indemnification extends to directors, officers, shareholders, employees, agents, and representatives, collectively referred to as the "Indemnitees." The franchisee must defend, indemnify, reimburse, and hold harmless the Indemnitees to the fullest extent permitted by law.
This obligation covers all losses and expenses incurred in connection with any action, suit, or proceeding. Crucially, the indemnification explicitly includes attorneys' fees. This means that if Kitchen Solvers faces any legal action or expenses due to the franchisee's business operations, the franchisee is responsible for covering these costs, including the legal fees incurred by Kitchen Solvers.
For a prospective Kitchen Solvers franchisee, this is a significant financial responsibility. It is essential to understand the types of actions or claims that could trigger this indemnification clause and to ensure adequate insurance coverage to mitigate potential risks. Franchisees should consult with legal and insurance professionals to fully assess their exposure and ensure they are adequately protected against potential liabilities.