Is Better Blend obligated to protect its copyrights?

According to Better Blend's 2024 Franchise Disclosure Document, Better Blend has no obligation to protect its copyrights or defend franchisees against claims arising from their use of copyrighted items. The FDD states that the franchise agreement does not require Better Blend to take affirmative action when notified of copyright infringement. Better Blend retains control over any copyright litigation. Furthermore, Better Blend is not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. Better Blend may require the franchisee to modify or discontinue using the subject matter covered by any of their copyrights, at the franchisee's expense.

This means that if a franchisee is sued for copyright infringement related to materials provided by Better Blend, the franchisee may be responsible for their own legal defense and any resulting damages. Better Blend retains the right to control any copyright litigation, but is not required to participate in the defense of a franchisee. This is a significant risk for franchisees, as copyright litigation can be expensive and time-consuming.

While Better Blend does not have an obligation to protect its copyrights or defend franchisees, the FDD also states that Better Blend does not know of any copyright infringement that could materially affect franchisees. However, it is important for prospective franchisees to understand the risks involved and to consider obtaining their own legal counsel to review the franchise agreement and assess their potential liability for copyright infringement.