What is the Recipient's obligation to Zoomin Groomin regarding third-party claims resulting from a breach of the Non-Disclosure Agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Indemnity. Recipient agrees to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, losses, damages, and costs, including reasonable attorney's fees and expenses, resulting from any breach of this Agreement by Recipient.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, the franchisee, as the Recipient of confidential information, has specific obligations regarding third-party claims resulting from a breach of the Non-Disclosure Agreement. The franchisee agrees to defend, indemnify, and hold harmless Zoomin Groomin and its affiliates, officers, directors, agents, affiliates, distributors, representatives, and employees. This means that if a third party brings a claim against Zoomin Groomin due to the franchisee's breach of the Non-Disclosure Agreement, the franchisee is responsible for defending Zoomin Groomin against that claim.
Furthermore, the franchisee is responsible for covering any losses, damages, and costs that Zoomin Groomin incurs as a result of the breach. This includes reasonable attorney's fees and expenses. Essentially, the franchisee is financially responsible for any fallout from their breach of the Non-Disclosure Agreement that affects Zoomin Groomin and related parties.
This indemnity clause is a standard provision in franchise agreements to protect the franchisor from liabilities caused by the franchisee's actions. It is important for a prospective Zoomin Groomin franchisee to understand the scope of this obligation and ensure they have adequate measures in place to protect confidential information and prevent breaches of the Non-Disclosure Agreement. The franchisee should consult with a legal professional to fully understand their obligations under this clause.