Who controls any action or legal proceeding related to infringement of Casiola's Manuals?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
"Operations Manual" refers to and means the confidential Operations Manual made available to the Casiola Business by our franchisor or as otherwise designated by us. The Operations Manual may consist of one or more volumes, handbooks, manuals, written materials, video, electronic media files, cloud/internet based list-service, intra-net, internet based and accessed databases, computer media, webinars and other materials as may be modified, added to, replaced or supplemented.
- (6) Immediately notify Franchisor, in writing, of any and all locations where Franchisee may have maintained and/or stored digital files and/or media containing all or parts of the Operations Manual, any Confidential Information, and all other standards and specifications of Franchisor, immediately turn over such digital files and media to Franchisor, and follow Franchisor's instructions as to the destruction of such digital files and media;
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 34)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the definition of Casiola's Operations Manual includes policies, procedures, and requirements for the development and operation of Casiola businesses. The franchisor retains the right to modify the Operations Manual from time to time in its Reasonable Business Judgment. The FDD does not explicitly state who controls any action or legal proceeding related to infringement of Casiola's Manuals.
However, the document does state that the franchisee must notify the franchisor in writing of any locations where digital files and/or media containing all or parts of the Operations Manual are stored, and immediately turn over such digital files to the franchisor. The franchisee must also follow the franchisor's instructions as to the destruction of such digital files and media. This indicates that Casiola maintains control over the Operations Manual and related digital files.
While the FDD defines the Operations Manual and outlines the franchisee's responsibilities regarding its use and storage, it does not directly address who controls legal proceedings related to infringement. A prospective franchisee should seek clarification from the franchisor regarding the specific procedures and responsibilities related to protecting the Operations Manual and handling any potential infringement issues.