“You agree to release and to indemnify, defend and hold harmless FanDuel and its parents, subsidiaries, affiliates and agencies...from and against any and all losses, liabilities, expenses, damages, 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
This clause is consequential because it obligates the user to personally bear the financial cost of defending FanDuel and its related entities against covered claims, potentially including legal fees.
Interpretive note: The excerpt is truncated and does not reveal the full triggering conditions for the indemnification obligation. The canonical claim states the obligation and its beneficiaries but cannot fully characterize the scope of covered events from the quoted language alone.
The updated terms now prohibit participation in FanDuel Fantasy contests for residents of Alberta, Canada, in addition to the existing prohibition in Ontario. Users in Alberta who currently hold accounts or have entered contests must cease participation. The terms also restructure eligibility representations to consolidate Louisiana parish restrictions and backup withholding tax language into a single section, clarifying the jurisdictional and tax compliance requirements users must warrant. If you are located in Alberta, you are no longer eligible to participate in FanDuel Fantasy contests under the updated terms.
View change record →The reader is obligated to release and financially protect FanDuel and its parents, subsidiaries, affiliates, and agencies from any and all losses, liabilities, expenses, damages, and costs within the clause's scope.
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You agree to release and to indemnify, defend and hold harmless FanDuel and its parents, subsidiaries, affiliates and agencies...from and against any and all losses, liabilities, expenses, damages, costs...Excerpt from FanDuel's Terms of Use
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This clause is consequential because it obligates the user to personally bear the financial cost of defending FanDuel and its related entities against covered claims, potentially including legal fees.
The reader is obligated to release and financially protect FanDuel and its parents, subsidiaries, affiliates, and agencies from any and all losses, liabilities, expenses, damages, and costs within the clause's scope.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by FanDuel.