Under what conditions will Crawlspace Medic indemnify a franchisee for expenses related to trademark challenges?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of the Principal Mark or other Marks. Licensor and we will take any action we think appropriate and, if you have given us timely notice and are in full compliance with the Franchise Agreement, we will indemnify you for all expenses and damages arising from any claim challenging your authorized use of the Principal Mark or other Marks. Licensor and we have the right to control any administrative proceedings or litigation involving the Principal Mark or other Mark licensed by us to you. You must cooperate fully with Licensor and us in defending and/or settling the litigation.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, Crawlspace Medic will indemnify a franchisee for expenses and damages arising from a claim challenging the franchisee's authorized use of the Principal Mark or other Marks if the franchisee meets specific conditions.
To receive indemnification, the franchisee must immediately notify Crawlspace Medic upon learning of any infringement or challenge to the use of the Principal Mark or other Marks. Additionally, the franchisee must be in full compliance with the Franchise Agreement.
Crawlspace Medic retains the right to control any administrative proceedings or litigation involving the Principal Mark or other Mark licensed to the franchisee. The franchisee is obligated to cooperate fully with Crawlspace Medic in defending and/or settling any such litigation. Failure to provide timely notice or comply with the Franchise Agreement may void Crawlspace Medic's obligation to indemnify the franchisee.