Under what circumstances is Checkers required by agreement to protect or defend copyrights or confidential information?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as noted above, we are not required by any agreement to protect or defend copyrights or confidential information, although we will do so when this action is in the best interest of our franchise system.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 63–64)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, Checkers is generally not required by agreement to protect or defend copyrights or confidential information. However, Checkers states that it will do so when this action is in the best interest of the franchise system.
This means that as a Checkers franchisee, you cannot automatically rely on Checkers to take legal action to protect the brand's copyrights or confidential information. The decision to protect or defend this intellectual property is at Checkers' discretion.
This clause gives Checkers flexibility in deciding when and how to protect its intellectual property. While Checkers may choose to act in certain situations, franchisees should be aware that they bear some risk related to the protection of the brand's intellectual property. It is important for prospective franchisees to understand the potential implications and discuss this further with Checkers during their due diligence.