Under what circumstances is a Zoomin Groomin franchisee required to indemnify the Indemnified Parties?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
Any provision in the franchise agreement or related agreements requiring the franchisee to indemnify, reimburse, defend, or hold harmless the franchisor or other parties is hereby modified such that the franchisee has no obligation to indemnify, reimburse, defend, or hold harmless the franchisor or any other indemnified party for losses or liabilities to the extent that they are caused by the indemnified party's negligence, willful misconduct, strict liability, or fraud.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, a franchisee's obligation to indemnify, reimburse, defend, or hold harmless the franchisor or other indemnified parties is modified under certain conditions. Specifically, the franchisee is not obligated to indemnify, reimburse, defend, or hold harmless Zoomin Groomin or any other indemnified party for losses or liabilities if those losses or liabilities are caused by the indemnified party's negligence, willful misconduct, strict liability, or fraud.
This modification is based on Washington State law (RCW 19.100.190), which addresses franchisee protections. This statute reflects a broader trend in franchise law to protect franchisees from overreaching indemnity clauses that could expose them to liability for the franchisor's own actions or omissions.
In practical terms, this means that a Zoomin Groomin franchisee is protected from being held responsible for the franchisor's mistakes or intentional wrongdoing. However, the franchisee would likely still be responsible for liabilities arising from their own actions or the actions of their employees, provided that the franchisor is not also at fault. This clause aims to create a fairer balance of responsibility between the franchisor and the franchisee.