1. APPOINTMENT.  The Company appoints the DA, and the DA accepts the appointment, as the Company's representative for developing and servicing ABC franchises within the Territory.

 

1.A.  Independent Contractor; Relationship of the Parties.  The DA is, and shall be, an independent contractor and not an employee or partner of the Company.  Nothing contained herein shall constitute a partnership between or joint venture by the parties or constitute either party the agent of the other.  Under no circumstances shall the Company be liable for any act (including specifically, but not by way of limitation, any violation by the DA of any applicable franchise sales and disclosure laws), or any omission, debt, or other obligation of the DA and the DA shall indemnify and hold the Company harmless from any such claim and the cost of defending against such claim, including attorneys' fees, arising directly or indirectly in connection with the DA's activities.