factual

Under the Kitchen Solvers franchise agreement, what parties are considered 'Indemnified Parties' that the franchisee must protect, defend, and indemnify?

Kitchen_Solvers Franchise · 2025 FDD

Answer from 2025 FDD Document

Section 10(B) of the Franchise Agreement is hereby amended to state as follows: "Franchisees have no obligation to indemnify or hold harmless an indemnified party for losses to the extent that they are determined to have been caused solely and directly by the indemnified party's negligence, willful misconduct, strict liability, or fraud."

Source: Item 23 — Receipts (FDD pages 49–190)

What This Means (2025 FDD)

Based on the 2025 Kitchen Solvers Franchise Disclosure Document addendum for the state of Washington, franchisees have no obligation to indemnify or hold harmless an indemnified party for losses to the extent that they are determined to have been caused solely and directly by the indemnified party's negligence, willful misconduct, strict liability, or fraud. This means that while franchisees generally have a duty to protect and defend the franchisor and related parties, this responsibility is waived if the loss was a direct result of the franchisor's actions.

In simpler terms, if Kitchen Solvers or its affiliates are negligent, engage in misconduct, or commit fraud that leads to a loss, the franchisee is not required to cover those losses. This amendment provides a layer of protection for franchisees against being held liable for the franchisor's own mistakes or intentional wrongdoing. It's a significant point to consider, as it clarifies the limits of the franchisee's indemnification obligations.

It is important for prospective Kitchen Solvers franchisees to understand the full scope of their indemnification responsibilities and the exceptions provided by state-specific addenda. Consulting with a legal professional to review the franchise agreement and any addenda is advisable to fully grasp these obligations and rights.

Disclaimer: This information is extracted from the 2025 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.