Is Bw Premier Collection obligated to protect or defend its copyrights?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
We need not protect or defend copyrights, although we intend to do so if in the best interests of all or some of our Hotel Owners, as we solely determine. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 39–40)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, Bw Premier Collection is not obligated to protect or defend its copyrights. However, Bw Premier Collection states that it intends to do so if it is in the best interests of all or some of its Hotel Owners, as determined solely by Bw Premier Collection.
Even if a franchisee brings a copyright matter to Bw Premier Collection's attention, Bw Premier Collection retains control over any action it chooses to take. This means that Bw Premier Collection has the discretion to decide whether or not to pursue legal action, regardless of the franchisee's concerns.
Furthermore, Bw Premier Collection is not required to participate in a franchisee's defense or indemnify them for damages or expenses in any legal proceeding involving a copyright. This indicates that franchisees are responsible for their own legal costs and liabilities in such cases. This is a common practice in franchising, where the franchisor typically protects the brand's trademarks and copyrights, but the franchisee is responsible for their own legal defense in most situations.