Is Big Blue Swim School required to participate in my defense of a copyright proceeding?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not actually know of any infringing uses of our or Big Blue IP's copyrights that could materially affect your using them in any state. We and Big Blue IP need not protect or defend copyrights, although we intend to do so if in the system's best interests. We and Big Blue IP have the right to control any action we choose to bring, even if you voluntarily bring the matter to our attention. You must follow any instructions we give you. We and Big Blue IP need not participate in your defense of and/or indemnify you for damages or expenses incurred in a copyright proceeding. However, we will defend you against any claim that our LESSONBuddy software infringes a patent or copyright in the United States.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School is generally not required to participate in a franchisee's defense of a copyright proceeding. Specifically, Big Blue Swim School and Big Blue IP are not obligated to participate in a franchisee's defense or indemnify them for damages or expenses in a copyright proceeding. However, there is an exception: Big Blue Swim School will defend a franchisee against claims that their LESSONBuddy software infringes a patent or copyright in the United States.
This means that if a franchisee is sued for copyright infringement related to materials other than the LESSONBuddy software, they will likely be responsible for their own defense. This could include legal fees, court costs, and any damages awarded to the plaintiff. It is important for prospective franchisees to understand this potential liability and to consider purchasing appropriate insurance coverage.
While Big Blue Swim School retains the right to control any action they choose to bring regarding copyright issues, even if the franchisee brings the matter to their attention, they are not obligated to assist in every case. This highlights the importance of franchisees adhering to the franchisor's guidelines and using only approved materials to minimize the risk of copyright infringement. Franchisees must follow any instructions Big Blue Swim School provides regarding copyright matters.