What specific use of the Marks does Bumble Roofing indemnify the franchisee against in Minnesota?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
The Minnesota Department of Commerce requires that franchisor indemnify franchisees whose franchise is located in Minnesota against liability to third parties resulting from claims by third parties that the franchisee's use of franchisor's trademarks ("Marks") infringe upon the trademark rights of the third party. Franchisor does not indemnify against the consequences of a franchisee's use of franchisor's trademark but franchisor shall indemnify franchisee for claims against franchisee solely as it relates to franchisee's use of the Marks in accordance with the requirements of the Franchise Agreement and franchisor's standards. As a further condition to indemnification, the franchisee must provide notice to franchisor of any such claim immediately and tender the defense of the claim to franchisor. If franchisor accepts tender of defense, franchisor has the right to manage the defense of the claim, including the right to compromise, settle or otherwise resolve the claim, or to determine whether to appeal a final determination of the claim.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–45)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the franchisor is required to indemnify franchisees located in Minnesota against liability to third parties. This indemnification specifically covers claims arising from a third party alleging that the franchisee's use of Bumble Roofing's trademarks infringes upon the trademark rights of that third party.
This means that if a Bumble Roofing franchisee in Minnesota is sued for trademark infringement due to their use of the Bumble Roofing trademarks, Bumble Roofing will cover the franchisee's liability to the third party. However, Bumble Roofing does not provide indemnification for consequences resulting from a franchisee's use of the trademark outside the requirements of the franchise agreement or Bumble Roofing's standards.
To be eligible for indemnification, the franchisee must immediately notify Bumble Roofing of any such claim and offer Bumble Roofing the defense of the claim. If Bumble Roofing accepts the defense, it has the right to manage the claim's defense, including settling or appealing any decisions. This arrangement ensures that Bumble Roofing maintains control over how its trademarks are defended, while also providing a level of protection to its Minnesota franchisees against potential legal claims related to trademark use.