Must a Basecamp Fitness franchisee cooperate with the franchisor in administrative proceedings or litigation involving the marks?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We will protect and maintain all rights to use our Marks against encroachment, misuse or unauthorized use and against all challenges to any rights of its use, as we deem appropriate. You must notify us immediately when you learn about an infringement of or challenge to your use of our Marks. We may take the action necessary, in our sole discretion, to prevent the unauthorized use of our Marks, including bringing actions against third parties regarding the use of any of our Marks, but the Franchise Agreement does not require us to take any specific affirmative action. We will control any administrative proceedings or litigation involving our Marks. You must cooperate with us and take all actions as may be desirable in the opinion of our counsel to carry out the defense or prosecution. While we are not required to defend you against a claim based on your use of our Marks, we will either do so, or we will reimburse you for your liability as long as you properly use our Marks, including against claims of infringement or unfair competition arising out of your use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, franchisees must cooperate with the company in administrative proceedings or litigation involving its marks. Basecamp Fitness will protect and maintain all rights to use their marks against encroachment, misuse, unauthorized use, and challenges. Franchisees are required to notify Basecamp Fitness immediately if they become aware of any infringement or challenges to the use of the marks.
Basecamp Fitness retains the sole discretion to take necessary action to prevent unauthorized use of its marks, including initiating actions against third parties. While Basecamp Fitness is not obligated to take any specific affirmative action, the franchise agreement does not require them to take any specific action. Franchisees are obligated to cooperate with Basecamp Fitness and take actions deemed desirable by their counsel to defend or prosecute the marks.
While Basecamp Fitness is not required to defend franchisees against claims arising from the use of their marks, they will either provide a defense or reimburse the franchisee for their liability, provided the franchisee has properly used the marks. This includes claims of infringement or unfair competition. This means a Basecamp Fitness franchisee must actively participate in any legal or administrative actions related to the brand's trademarks and follow the franchisor's legal guidance.