In conducting proceedings related to Intellectual Property, is the Bevaris Alliance Franchisor required to consider the Franchisee's opinion?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.4 Conduct of proceedings. The Franchisor shall have conduct of any proceedings relating to the Intellectual Property and may take whatever action it, in its sole discretion, decides in respect of any infringement or alleged infringement of it, or arising from its use.
The Franchisee shall co-operate with the Franchisor in taking such action and the Franchisor shall meet any reasonable expenses of the Franchisee in doing so.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, the franchisor has sole discretion over proceedings related to intellectual property. Specifically, Bevaris Alliance is not required to consider the franchisee's opinion when dealing with infringements or alleged infringements of its intellectual property. However, the franchisee is obligated to cooperate with Bevaris Alliance in any action the franchisor decides to take.
This means that while franchisees must report any potential intellectual property infringements to Bevaris Alliance, they do not have any direct control or input into how the franchisor chooses to handle the situation. Bevaris Alliance retains the authority to decide on the appropriate course of action, which could include legal proceedings or other measures to protect its intellectual property.
While the franchisee does not have input, Bevaris Alliance is responsible for covering the reasonable expenses incurred by the franchisee while cooperating with Bevaris Alliance's actions. This ensures that the franchisee is not financially burdened for assisting in protecting the franchisor's intellectual property. Franchisees should maintain detailed records of any expenses incurred while assisting Bevaris Alliance in these matters to ensure proper reimbursement.