Is Clean Your Dirty Face required to participate in a franchisee's defense in a copyright proceeding?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
We need not protect or defend our copyrights, although we intend to do so if we determine that it is in the Franchise System's best interests. We may control any action involving the copyrights, even if you voluntarily bring the matter to our attention. We neither need to participate in your defense nor indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 42–43)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, Clean Your Dirty Face is not required to participate in a franchisee's defense in a copyright proceeding. The FDD specifies that Clean Your Dirty Face does not have to participate in a franchisee's defense, nor are they required to cover any damages or expenses if a copyright proceeding occurs. However, Clean Your Dirty Face does state that they intend to protect their copyrights if they determine it is in the best interest of the franchise system.
Clean Your Dirty Face and/or its affiliates claim copyrights to the Operations Manual, handbooks, Franchise System Websites, advertising and marketing materials, all or part of the Marks, and other portions of the Franchise System and other similar materials used in operating CYDF Facial Bars. Franchisees are only allowed to use these items as specified by Clean Your Dirty Face while operating their Clean Your Dirty Face Facial Bar, and must stop using them if Clean Your Dirty Face directs them to do so.
This means that if a franchisee is sued for copyright infringement related to the Clean Your Dirty Face system, the franchisee will likely be responsible for their own legal defense and any associated costs. However, Clean Your Dirty Face retains the right to control any action involving the copyrights, even if the franchisee brings the matter to their attention.