Does any agreement require Buns On Fire to protect or defend the copyrighted works?

According to the 2025 Buns On Fire Franchise Disclosure Document, no agreement legally obligates Buns On Fire to protect or defend its copyrighted works or confidential information. However, Buns On Fire states its intention to do so when it aligns with the best interests of the Buns On Fire system. This discretionary approach means that Buns On Fire is not contractually bound to take action against infringement, potentially leaving franchisees vulnerable if their business is affected by unauthorized use of Buns On Fire's copyrighted materials.

Furthermore, the FDD states that no agreement requires Buns On Fire to indemnify franchisees for expenses or damages incurred if they become involved in legal proceedings related to the copyrighted materials. This lack of indemnification could expose franchisees to significant legal costs if they are sued for copyright infringement related to their use of Buns On Fire's materials.

In the event of any actual or apparent infringement of Buns On Fire's copyrighted works, franchisees are required to immediately notify Buns On Fire and are prohibited from communicating with any other party regarding the matter without Buns On Fire's consent. Buns On Fire retains the sole discretion to take any action it deems appropriate, including controlling any settlement, litigation, or administrative proceeding. This clause underscores the franchisee's limited control over the defense of Buns On Fire's copyrighted materials, even if the infringement directly impacts their business. Prospective franchisees should carefully consider these factors and seek clarification from Buns On Fire regarding their policies and practices for protecting their copyrighted works and supporting franchisees in infringement cases.