Who controls any infringement proceeding, whether brought by or against Beem Light Sauna or the franchisee?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
Any copyrights used by you in the Studio belong solely to us or our affiliates. You agree to notify us in writing of any suspected infringement of our or our affiliates' copyrights. We and our affiliates have exclusive rights to bring an action for infringement and retain any amounts recovered with respect to such action, and to control any infringement proceeding whether brought by or against us or you. We have no obligation to defend or otherwise protect you against any claims involving any copyright, including without limitation any copyright infringement claim, or to indemnify you for any losses you may incur as a result of our copyrights infringing the rights of any other copyright owner. If so requested by us, you will discontinue the use of the subject matter covered by any copyright used in connection with the Studio.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to the 2025 Beem Light Sauna Franchise Disclosure Document, Beem Light Sauna and its affiliates retain exclusive rights to initiate copyright infringement actions. They also control any infringement proceedings, regardless of whether the action is brought by or against Beem Light Sauna or the franchisee.
This means that if a franchisee suspects copyright infringement related to materials used in their Beem Light Sauna studio, they must notify Beem Light Sauna in writing. Beem Light Sauna then has the sole discretion to decide whether to pursue legal action. The franchisee does not have the right to independently pursue such claims.
Furthermore, Beem Light Sauna is entitled to retain any amounts recovered from such legal actions. Conversely, Beem Light Sauna has no obligation to defend the franchisee against copyright infringement claims or to indemnify them for any losses incurred as a result of copyright infringements. If Beem Light Sauna requests, the franchisee must discontinue using the copyrighted material in question.
This arrangement is typical in franchising, where the franchisor maintains control over brand assets and intellectual property. However, it also means that franchisees are dependent on Beem Light Sauna to protect their interests in copyright matters and bear the risk of losses from infringement claims without a guarantee of support or compensation from Beem Light Sauna.