What intellectual property rights does a Belocal franchisee warrant not to violate?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee represents and warrants to Franchisor (1) that any and all content Franchisee (a) uses, shares, or posts in connection with any Online Presence and (b) submits or causes to be submitted for publication in any N2 publication, and that Franchisor's affiliate's publication of such content, shall not violate any law or right (including those of Franchisor, its affiliates, and any third party), including but not limited to intellectual property rights, such as copyright, trademark, or likeness; and (2) that Franchisee shall not use in any manner or suggest any association with the intellectual property of any other party without all necessary rights, permissions, or authority necessary to do so.
Franchisee represents and warrants that it has and will obtain all necessary rights, permissions, or authority to use, and to have Franchisor's affiliate publish, all content that Franchisee submits or causes to be submitted.
The Franchisee Indemnifying Parties (as defined in Section 12.B.(1) below) shall indemnify, defend, and hold harmless the Indemnitees (as defined in Section 12.B.(1) below) to the fullest extent permitted by law, from any and all losses and expenses incurred in connection with any action, suit, proceeding, claim, demand, investigation, or inquiry (formal or informal), or any settlement thereof (whether or not a formal proceeding or action has been instituted), which arises out of or is based upon (i) the content Franchisee solicits, gathers, obtains, or generates, in connection with the operation of the Franchised Business; (ii) the content Franchisee submits, or causes to be submitted, for publication in any N2 publication; and (iii) any breach by Franchisee of this representation and warranty.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, a franchisee warrants that any content they use, share, or post online, or submit for publication, will not violate any law or right, including intellectual property rights like copyright, trademark, or likeness. This extends to the intellectual property of Belocal, its affiliates, and any third party.
Specifically, the franchisee must obtain all necessary rights, permissions, or authority to use and have Belocal's affiliate publish any content they submit. This means a franchisee cannot use someone else's logo, copyrighted material, or trademark without proper authorization.
Belocal franchisees are responsible for indemnifying and defending Belocal against any losses or expenses resulting from a breach of this warranty. This includes content the franchisee solicits, gathers, obtains, or generates, as well as content submitted for publication. This highlights the importance of due diligence in ensuring all content used in the Belocal franchise operation is legally compliant and does not infringe on the intellectual property rights of others.