Who has the right to control any administrative proceeding or litigation involving Body20 marks?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us if any other person or Entity attempts to use any of the Marks or any colorable imitation of any of the Marks. You must immediately notify us of any infringement of or challenge to your use of any of the Marks. We will have the right to take any action that we deem appropriate, but the Franchise Agreement does not require us to take any action to protect your right to use any of the Marks or to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving any of the Marks. We will have the right to control any administrative proceeding or litigation related to the Marks. We will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to us or our affiliates in connection with any such action. You agree to execute all documents and, render any other assistance we may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 53–54)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 retains the right to control any administrative or legal proceedings related to its trademarks. This means that if there is a dispute or litigation involving the Body20 marks, Body20, not the franchisee, will decide how to handle the situation.
This control extends to taking any action Body20 deems appropriate to protect its trademarks. While Body20 has the right to act, the Franchise Agreement does not obligate them to take action to protect the franchisee's right to use the marks or to participate in the franchisee's defense, or to cover their expenses or damages if the franchisee is involved in legal proceedings concerning the marks. Furthermore, Body20 is entitled to keep any proceeds, damages, or other payments, including attorney's fees, that are recovered in connection with any such action related to the trademarks.
As a Body20 franchisee, you are required to assist Body20 in these matters by executing documents and providing any other necessary assistance to maintain the validity and enforceability of the marks. This could involve significant time and effort on the franchisee's part, even though Body20 maintains control over the legal proceedings. This is a fairly standard clause in franchise agreements, as the franchisor needs to protect its brand and trademarks, which are essential to the franchise system. However, franchisees should be aware that they may bear costs without direct control over the legal strategy.