Under what conditions will Bevaris Alliance reimburse a franchisee for damages and reasonable costs incurred in litigation?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify Bevaris immediately when you learn about an infringement of or challenge to your use of our trademarks. Bevaris will take the action we think appropriate. While Bevaris is not required to defend you against a claim against your use of our trademarks, Bevaris will reimburse you for your liability and reasonable costs in connection with defending Bevaris' trademarks. To receive reimbursement, you must have notified Bevaris immediately when you learned about the infringement or challenge.
You must modify or discontinue the use of a trademark if we modify or discontinue it. If this happens, we will reimburse you for your tangible costs of compliance (for example, changing signs). You must not directly or indirectly contest our right to our trademarks, trade secrets, or business techniques that are part of our business.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 16)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, Bevaris Alliance will reimburse a franchisee for liability and reasonable costs connected with defending Bevaris Alliance's trademarks. To be eligible for reimbursement, the franchisee must immediately notify Bevaris Alliance upon learning of any infringement or challenge to the use of their trademarks.
This obligation is not a requirement for Bevaris Alliance to defend the franchisee against claims. Bevaris Alliance has the sole discretion to take any action it deems appropriate regarding the infringement or challenge.
Furthermore, if Bevaris Alliance modifies or discontinues a trademark, it will reimburse the franchisee for tangible costs of compliance, such as changing signs. However, the franchisee is prohibited from directly or indirectly contesting Bevaris Alliance's rights to its trademarks, trade secrets, or business techniques.