Can Deer Solution control any legal proceeding related to unauthorized use of the manuals?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
You must keep as confidential our Manuals and any supplements to the Manuals. Our Manuals may take the form of written materials and/or digitally distributed and stored materials and made available to you for use in connection with the Franchised Business. The Manuals contain information about our System, Approved Services and Products, System Supplies, proprietary products, marketing systems, training, and confidential methods of operation. You must use all reasonable and prudent means to maintain the Manuals and the information maintained in the Manuals as confidential and prevent any unauthorized copies, recordings, reproduction, or distribution of the Manuals or the information contained in the Manuals. You must restrict access to the Manuals to management level employees who sign a confidentiality agreement with you and are required by you to maintain the confidentiality of the Manuals and refrain from distributing or disclosing the Manuals and the information contained in the Manuals. You must provide us with immediate notice if you learn of any unauthorized use of the Manuals or of the information contained in the Manuals, or any infringement or challenge to the proprietary or confidentiality of the information contained in the Manuals. We will take any and all action(s) or, refrain from taking action, that we determine, in our discretion, to be appropriate. We may control any action or legal proceeding we choose to bring. We need not participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright or patent. If any third party establishes to our satisfaction, in our discretion, that it possesses rights superior to ours, then you must modify or discontinue your use of these materials in accordance with our written instructions.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, Deer Solution retains control over legal proceedings related to unauthorized use of its manuals. Franchisees must notify Deer Solution immediately if they become aware of any unauthorized use of the manuals or any challenges to their proprietary information. Deer Solution has the discretion to take any action it deems appropriate, including controlling any legal proceedings.
This means that while franchisees are responsible for maintaining the confidentiality of the Deer Solution manuals and restricting access to them, Deer Solution ultimately decides how to respond to any misuse or infringement. Deer Solution is not obligated to participate in the franchisee's defense or cover any damages or expenses if a copyright or patent proceeding occurs.
Furthermore, if a third party demonstrates superior rights to the materials, franchisees must modify or discontinue their use of the materials according to Deer Solution's written instructions. This highlights the importance of franchisees adhering to the guidelines and instructions provided by Deer Solution to avoid potential legal issues and ensure compliance with intellectual property rights.