Does Crisp & Green protect a franchisee's right to use trademarks in Minnesota?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
this Addendum to the | | Franchise Disclosure Document, and only to the extent such provision is a then valid requirement of the | | statute. |
ADDENDUM TO THE CRISP & GREEN FRANCHISING LLC FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF MINNESOTA
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- Item 6 of the Disclosure Document is amended to state that the amount you are required to reimburse us for any "insufficient funds" charges and related expenses that we incur for any checks that we receive from you or your failure to maintain sufficient funds in your automatic debit account is capped at $30 in accordance with state law.
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- Item 13 of the Disclosure Document is amended by the addition of the following paragraphs:
"We will protect your right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify you from any losses, costs or expenses arising out of any claim, suit or demand regarding the proper use of the name.
As required by the Minnesota Franchise Act, Minn. Stat.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, Crisp & Green will protect a franchisee's right to use their trademarks in Minnesota. Specifically, Crisp & Green will defend against claims of infringement by third parties involving the Crisp & Green Marks. The franchisee is required to cooperate with Crisp & Green in the defense in any reasonable manner. Any direct cost of such cooperation will be covered by Crisp & Green.
Furthermore, the disclosure states that Crisp & Green will protect the franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols and indemnify the franchisee from any losses, costs, or expenses arising out of any claim, suit, or demand regarding the proper use of the name. Crisp & Green will reimburse the franchisee for any costs incurred in the defense of their right to use the Marks, as long as the franchisee used the Marks in the manner that Crisp & Green authorized.
This protection is contingent upon the franchisee providing timely notification of the claim and granting Crisp & Green the right to manage the defense, including the right to compromise, settle, or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim. This addendum ensures that Crisp & Green franchisees in Minnesota receive trademark protection as required by the Minnesota Franchise Act.