If FanDuel is sued or incurs costs because of something you did while using the platform, you are responsible for paying FanDuel's legal fees and any resulting damages, including attorney costs.
This analysis describes what FanDuel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification obligation is broad and covers all affiliated entities as well as their officers and directors, meaning individual users could face significant financial exposure if their conduct on the platform generates third-party legal claims against FanDuel.
Interpretive note: Enforceability of broad consumer indemnification clauses varies by jurisdiction, and courts in some states may decline to enforce provisions found to be unconscionable as applied to non-commercial users.
Users are obligated to cover FanDuel's legal costs and losses arising from user conduct, prize misuse, or privacy-related acts, which could expose ordinary users to unexpected financial liability in the event of a dispute involving third parties.
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"You agree to release and to indemnify, defend and hold harmless FanDuel and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.— Excerpt from FanDuel's FanDuel Terms of Use
REGULATORY LANDSCAPE: Broad consumer-facing indemnification clauses interact with state consumer protection statutes that may limit the enforceability of indemnification obligations imposed on non-commercial users. The FTC Act may be relevant if the indemnification obligation is characterized as an unfair contract term. Courts in some jurisdictions have applied unconscionability doctrine to limit expansive consumer indemnification requirements. GOVERNANCE EXPOSURE: Medium. Consumer indemnification clauses that extend to affiliates and their officers are broader than many comparable platform agreements. The practical exposure to individual users depends on the type of conduct at issue and the jurisdiction's approach to consumer indemnification agreements. JURISDICTION FLAGS: California courts have scrutinized broad consumer indemnification provisions under unconscionability doctrine. New York and New Jersey courts may similarly evaluate whether such provisions are enforceable as written against non-commercial users. The clause's extension to publicity rights and invasion of privacy claims is notable given the separate publicity rights grant in Section 4.7. CONTRACT AND VENDOR IMPLICATIONS: The indemnification clause covers FanDuel's affiliated entities and their personnel, meaning the obligation extends beyond the direct contracting party. Legal teams reviewing this agreement in a B2B or affiliate context should assess whether this scope is appropriate for their relationship with FanDuel. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the indemnification clause is sufficiently disclosed to users and whether its scope is consistent with the consumer protection requirements of all active jurisdictions. The interaction between the indemnification clause and the publicity rights grant in Section 4.7 warrants specific review.
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The indemnification obligation is broad and covers all affiliated entities as well as their officers and directors, meaning individual users could face significant financial exposure if their conduct on the platform generates third-party legal claims against FanDuel.
Users are obligated to cover FanDuel's legal costs and losses arising from user conduct, prize misuse, or privacy-related acts, which could expose ordinary users to unexpected financial liability in the event of a dispute involving third parties.
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