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  • Atricle Dump - Mobile Based Franchising and Liability Insurance Issues in Franchising Agreements

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    Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amoun

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    Mobile based franchising companies must consider the potential eventuality of being sued or named in a lawsuit, which is directed at a franchisee due to a traffic accident while conducting the franchise outlets business operations. In places like New York, California, Washington D.C. the number of lawsuits from traffic accidents are astounding. Without protection and separation from the franchise outlets, a franchisor might unnecessarily open themselves up for liability issues of one of their franchisees.

    It is for this reason that in my franchising agreements are decided to spend special attention to the clauses regarding insurance, limits of liability and operations of vehicles in the franchise business. Below is a copy of the clause that I inserted into our franchise agreements;

    3.21 Insurance

    3.21.1 Limits of Liability

    Prior to the commencement of any operations under this Agreement, Franchisee must maintain, at their sole expense, a business liability, comprehensive and completed operations insurance policy or policies in accordance with standards and specifications set forth in the Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amount

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    C. the number of lawsuits from traffic accidents are astounding. Without protection and separation from the franchise outlets, a franchisor might unnecessarily open themselves up for liability issues of one of their franchisees.

    It is for this reason that in my franchising agreements are decided to spend special attention to the clauses regarding insurance, limits of liability and operations of vehicles in the franchise business. Below is a copy of the clause that I inserted into our franchise agreements;

    3.21 Insurance

    3.21.1 Limits of Liability

    Prior to the commencement of any operations under this Agreement, Franchisee must maintain, at their sole expense, a business liability, comprehensive and completed operations insurance policy or policies in accordance with standards and specifications set forth in the Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amoun

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    reements are decided to spend special attention to the clauses regarding insurance, limits of liability and operations of vehicles in the franchise business. Below is a copy of the clause that I inserted into our franchise agreements;

    3.21 Insurance

    3.21.1 Limits of Liability

    Prior to the commencement of any operations under this Agreement, Franchisee must maintain, at their sole expense, a business liability, comprehensive and completed operations insurance policy or policies in accordance with standards and specifications set forth in the Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amoun

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    bility

    Prior to the commencement of any operations under this Agreement, Franchisee must maintain, at their sole expense, a business liability, comprehensive and completed operations insurance policy or policies in accordance with standards and specifications set forth in the Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amoun

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    Confidential Operations Manual, which must include at a minimum the following coverage:

    (a) Comprehensive general liability insurance, in the amount of $100,000 bodily injury per occurrence and $50,000 property damage per occurrence;

    (b) Vehicle insurance in the amount of $100,000 single limit, including comprehensive and collision;

    (c) Worker’s Compensation and Employer’s liability insurance (if Franchisee has employees); and

    (d) Equipment insurance for the value of all The Car Wash Guys equipment. If Franchisee finances the equipment, the lending institution may also require Franchisee to maintain fire/theft/comprehensive insurance for the value of that equipment.

    3.21.2 Additional Insured

    Franchisor shall be named as an additional insured under all insurance policies, as its interests may appear, and contain a waiver by the carrier of all subrogation rights against Franchisor. Maintenance of insurance under this paragraph shall not relieve Franchisee of liability under the default provisions set forth in this Agreement.

    3.21.3 Other Requirements

    Franchisor may, at its discretion, change the required coverage and the limits of liability for Franchisee’s insurance during the term of this Agreement. Franchsior may require Franchisee to increase the minimum limits of coverage to keep pace with regular business practice and prudent insura

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