If a Body20 franchisee suspects copyright infringement, what is the required action?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
Any copyrights used by you in the Studio belong solely to us or our affiliates. You agree to notify us in writing of any suspected infringement of our or our affiliates' copyrights. We and our affiliates have exclusive rights to bring an action for infringement and retain any amounts recovered with respect to such action, and to control any infringement proceeding whether brought by or against us or you. We have no obligation to defend or otherwise protect you against any claims involving any copyright, including without limitation any copyright infringement claim, or to indemnify you for any losses you may incur as a result of our copyrights infringing the rights of any other copyright owner. If so requested by us, you will discontinue the use of the subject matter covered by any copyright used in connection with the Studio.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 54–55)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, if a franchisee suspects copyright infringement related to Body20's or its affiliates' copyrights, the franchisee must notify Body20 in writing. This is a mandatory obligation for the franchisee.
Body20 and its affiliates retain exclusive rights to initiate any action for infringement and to retain any recovered amounts from such actions. They also have the authority to control any infringement proceedings, regardless of whether the action is brought by or against Body20 or the franchisee. This means that while the franchisee is required to report suspected infringements, Body20 maintains control over the legal proceedings and any resulting financial benefits.
Body20 has no obligation to defend or protect the franchisee against copyright claims, including infringement claims, or to indemnify the franchisee for losses incurred due to Body20's copyrights infringing on another owner's rights. Furthermore, if requested by Body20, the franchisee must discontinue using the copyrighted material in connection with their Body20 studio. This clause highlights that the franchisee bears the risk of copyright-related issues and must comply with Body20's decisions regarding the use of copyrighted materials.
This arrangement is typical in franchising, where the franchisor protects its intellectual property. However, it places the onus on the franchisee to be vigilant about potential infringements and to comply with Body20's directives, even if it means ceasing the use of certain materials. Prospective franchisees should understand that they will not have control over copyright litigation and will not be indemnified against related losses.