Under what circumstances does a Management Recruiters franchisee have to indemnify the franchisor?
Management_Recruiters Franchise · 2024 FDDAnswer from 2024 FDD Document
15. INDEMNIFICATION
15.1. Indemnification Obligations. Franchisee shall indemnify, defend, and hold harmless Franchisor, Franchisor's corporate parents, and all of their respective subsidiaries, affiliates, insurers, shareholders, directors, officers, employees, agents, attorneys, successors in interest, and assignees against any loss, damage or expense (including attorneys' fees) or liability for any Claims that arise from or in connection with the Franchise Business or from the acts, omissions, or agreements of Franchisee or any of its officers, directors, employees or agents; or for any Claims arising from any circumstances in which Franchisee fails to adhere to the Brand Standard Materials or other requirements and guidelines for the Franchise Business; or for any enforcement action by the U.S. Immigration and Customs Enforcement agency, the U.S. Equal Employment Opportunity Commission, the Occupational Health and Safety Administration, the United States Department of Labor, or any other Governmental Authority whether federal, state, or municipal. Franchisor shall have the right to defend any Claim against Franchisor at Franchisee's expense. This indemnity shall continue in full force and effect after and regardless of this Agreement's expiration or termination. This indemnity shall extend to any fines, co-payment requirements, or deductible expenses under our insurance policies, and/or our costs for events and violations not covered by our insurance policies, arising from the operation of Franchise Business, including without limitation, those which relate to Franchisee's non-compliance with or violation of federal or state employment Laws, workplace health and safety Laws, wage
and hour and payment Laws, national or local immigration Laws, or Laws pertaining to Homeland Security.
Source: Item 23 — RECEIPTS (FDD pages 67–327)
What This Means (2024 FDD)
According to Management Recruiters' 2024 Franchise Disclosure Document, a franchisee is obligated to indemnify, defend, and hold harmless Management Recruiters, its corporate parents, subsidiaries, affiliates, insurers, shareholders, directors, officers, employees, agents, attorneys, successors in interest, and assignees against any loss, damage, or expense. This includes attorneys' fees or liability for any claims that arise from or are connected to the franchise business.
This indemnification extends to claims arising from the acts, omissions, or agreements of the franchisee or any of its officers, directors, employees, or agents. It also covers claims resulting from the franchisee's failure to adhere to the Brand Standard Materials or other requirements and guidelines for the franchise business. Furthermore, the franchisee must indemnify Management Recruiters against any enforcement action by governmental authorities such as the U.S. Immigration and Customs Enforcement agency, the U.S. Equal Employment Opportunity Commission, the Occupational Health and Safety Administration, and the United States Department of Labor.
The indemnification obligation continues even after the franchise agreement expires or terminates. It also extends to fines, co-payment requirements, or deductible expenses under Management Recruiters' insurance policies, as well as costs for events and violations not covered by their insurance policies. These can arise from the operation of the franchise business, including non-compliance with or violation of federal or state employment laws, workplace health and safety laws, wage and hour and payment laws, national or local immigration laws, or laws pertaining to Homeland Security. Management Recruiters retains the right to defend any claim against it at the franchisee's expense.