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Indemnity and Hold Harmless Clauses in Franchise Agreements

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Franchisors must protect their companies from lawsuits and liability. Indemnity and Hold Harmless Clauses in Franchise Agreements, while they may not always hold up are at least one way to help with this along with other strategies.

In my franchise agreements for my company, I addressed this issue by slightly modified our hold harmless clauses in our franchise agreements. Below is a copy of one of the early renditions of the clauses we used in our franchise agreements;

3.26 Indemnity/Hold Harmless

Franchisee agrees to defend at their own cost and to indemnify and hold Franchisor, its affiliates and its predecessor, sister or co-branding companies, their shareholders, directors, officers, members, employees, agents and their spouses, harmless from and against any and all loss, costs, expenses (including attorneys’ fees), damages and liabilities arising out of your negligence, failure to maintain or repair, breach of contract or other civil wrong, resulting directly or indirectly from or pertaining to the use, condition, equipping, maintenance or operation of your car wash truck/unit, including the preparation and sale of any product or service made or sold out of your mobile car wash unit. Such loss, claims, costs, expenses, damages and liabilities will include, without limitation, those arising from latent or other defects in the trucks, units and equipment, whether or not discoverable by Franchisor, and those arising from the death or injury to any person or arising from damage to your or our property, our agents or employees, or any third person, firm or corporation, whether or not such losses, claims, costs, expenses, damages or liabilities were actually or allegedly caused wholly or in part through our active or passive negligence or any of our agents or employees or resulted from any strict liability imposed on Franchisor or any of our employees.

Franchisee will indemnify and hold Franchisor and its affiliates and its predecessor, sister or co-branding companies free and harmless from and against any and all reasonable attorneys’ fees, liabilities, expenses, claims, demands, actions or causes of action which may be incurred by or threatened against Franchisor or its affiliates and arising out of

(i) the Franchisee’s operation of the Franchised Business, or

(ii) any transaction between Franchisee and any third party or

(iii) Franchisee’s improper use of the Marks.

— — —- —–

All franchise in company should be concerned with this and it would be very smart and wise to contact a knowledgeable and experienced franchise attorney to make sure you are protected in your franchise agreements. I hope you will address this in 2006.

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William D King: What Is a Criminal Lawyer?

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Criminal Lawyer

What Is a Criminal Lawyer? Types of criminal lawyers and how to find them!

A criminal trial is considered the most complicated and expensive trial of all cases. Though many people can represent themselves in court, it is always advisable to seek the services of a criminal lawyer for representation. It must be noted that there are several types of lawyers and so it is important to know the type of criminal lawyer you are looking for.

What role do Criminal Lawyers play?

Criminal lawyers are usually seen either in US television shows or movies. It depicted that lawyers like to argue with judges and everyone else around them. However, the reality is not much closer to how it is seen on TV; lawyers do not act like aggressors in courtrooms. They are professionals who know what they exactly need to say and when they need to say it. A criminal lawyer’s job is never over until their client gets acquitted.

As per William D King, a criminal lawyer must be well versed with all rules of evidence, so he can deal with any type of evidence that might get produced against his client during trial proceedings.

Criminal Lawyers- Types Available!

There are several types of Criminal Lawyers available depending upon the requirement of the case, nature of the crime committed, and another relevant factor. They are as follows-

Criminal Lawyer –

This is a specialized lawyer who deals with criminal cases only. It should be noted that not all lawyers can work as Criminal Lawyers; they need to have studied law in order to take up criminal cases. A wide variety of crimes are dealt with by this type of lawyer which includes drug charges, theft, robbery, and others.

Madonna Blyth Criminal Lawyers –

This is considered the most popular type of criminal lawyer available for representation in different courts. These lawyers also deal with other types of civil cases apart from criminal cases; however, their main specialization lies with criminal cases only. Madonna Blyth Criminal Lawyers hold immense experience in dealing with these kinds of cases and so it is always advisable to seek their services.

Legal Aid Criminal Lawyers –

This type of lawyer is appointed by the government or state to provide legal help to people who cannot afford to hire an independent criminal lawyer for them. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion. These lawyers specialize in practicing only before magistrate’s courts, so they cannot be hired for high profile cases like murder etc. However, Legal Aid Criminal Lawyers can represent clients before session’s court or other higher courts depending upon the discretion of the judge concerned. Thus it is important to make sure whether your case requires a Magistrate Court lawyer or Sessions Court Lawyer before hiring one for yourself.

Criminal Lawyer Perth –

This is a type of Criminal Lawyers who has been hired by the government to represent people who need legal help in higher courts like the Supreme Court. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. It should be noted that a criminal lawyer in Perth must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Criminal Lawyers Sydney –

This type of Criminal Lawyer is hired by the state to represent people who need legal help in different kinds of cases. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. However, it should be noted that an independent criminal lawyer must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Conclusion:

Thus, before hiring a Criminal Lawyer in Sydney it is always advisable to choose the type of criminal lawyer which suits your needs. Legal Aid Criminal Lawyers can be hired by people who need help for cases that are filed in lower courts like Magistrate’s court or Local Court. However, if one cannot afford to hire an independent criminal lawyer for them and their case is too complicated then they can approach these types of lawyers as well. People who want representation from a Criminal Lawyers Perth in the higher courts must ensure whether it requires a Magistrate’s Court Lawyer or Sessions Court Lawyer before hiring one for them. Thus, there are different kinds of criminal lawyers available depending upon your budget and desired location says William D King.

 

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5 Reasons To Contact A Workers’ Compensation Attorney

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Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings.

What Is Workers’ Comp?

The good news is that most companies are required carry workers’ compensation, which is a type of insurance that provides coverage for work-related illnesses and injuries. The bad news is that there is no guarantee you will by fully reimbursed for your medical expenses, lost wages, and pain and suffering you experience as a result of an accident at work. With that in mind, here are five reasons you might decide to contact a workers’ compensation attorney.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed by your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary. An experienced attorney may be able to convince the insurer that your surgery is not only necessary, but also cost-effective.

If any of those mentioned above are true, you should contact a workers’ compensation attorney as soon as possible.

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Can I Make A Road Accident Compensation Claim If The Road Caused The Accident?

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What if you had a road accident and the at fault party was the poor condition of the road? Can you make a road accident compensation claim? Is the government (city, county or state) responsible for your damages and injuries?

Not A Far Fetched Scenario

There are many accidents that are caused by faulty or roads that are in disrepair because of many factors including weather. Roads aren’t static, they are affected by the type of vehicles that travel over them (large trucks can damage roads) as well as weather condition, a combination of the two and other factors.

Governmental agencies are given the responsibility of maintaining roads, but with budget cutbacks and other bottlenecks, don’t always keep the roads in tip-top condition. This can and does cause road mishaps that may cause serious injuries.

What Does It Take To Win

Governments aren’t like people when it comes to liability or everyone would be suing them an winning all the time. An agency would need to be shown to been clearly negligent. Things that might be considered in an action:

  • Was the agency responsible for the roads aware of the problem with the road? One or many complaints would be proof that they had knowledge of the problem, if nothing was done about those complaints.
  • Did the governmental agency put up any kind of warning, such as temporary signs to warn citizens of the dangers. If the dangers were clearly marked, the agency is doing the right thing.
  • How soon was the road damage repaired? Things have to be prioritized in government and the greater the danger, the sooner the repair. Can it be proved that the agency didn’t react quickly enough to the danger based on the severity of the problem?
  • Were there any other factors involved in the mishap. Were any of the drivers exceeding the speed limit or perhaps found to have been drinking? If the drivers involved were not following the law, the road’s condition, unless severely damaged may not matter.
  • Can a pattern of mismanagement be proved against the agency with other road repairs? If there are other dangerous road repairs that are not being tended to, this could be a problem.

The Bottom Line

Compared to a road accident compensation claim against an individual or their insurance company, this type of claim can be more difficult to prove and win and unless the road problem is particularly egregious.

Many cities and counties do carry liability insurance for this type of accident, but I believe that you will have to go the extra mile to win. You would probably want a law firm that is well versed in this type of law and has had successful experience in these types of road accident compensation claims.

This article is for informational purposes only is not to be used for legal or medical advice. Please consult with a legal or medical professional for the appropriate advice.

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