What must a Deer Solution franchisee do if a third party establishes rights superior to Deer Solution's?

According to Deer Solution's 2025 Franchise Disclosure Document, if a third party demonstrates to Deer Solution's satisfaction that they possess rights superior to Deer Solution's rights regarding certain materials, franchisees must modify or discontinue their use of those materials. This action must be taken in accordance with Deer Solution's written instructions.

This stipulation means that a Deer Solution franchisee's ability to use certain proprietary materials is contingent on Deer Solution maintaining its rights to those materials. If another party successfully challenges Deer Solution's rights, franchisees will be required to adapt their business practices to comply with the new situation. This could involve altering marketing materials, changing service delivery methods, or ceasing the use of specific products.

The FDD also states that Deer Solution need not participate in a franchisee's defense or indemnify them for damages or expenses in a proceeding involving a copyright or patent. This highlights the importance of Deer Solution franchisees adhering to the franchisor's instructions and using only approved materials and methods to minimize the risk of intellectual property disputes.

It is common in franchising for franchisors to retain control over intellectual property and to require franchisees to use only approved materials. This provision in the Deer Solution FDD is consistent with that practice, and it underscores the importance of franchisees following the franchisor's instructions to protect both themselves and the Deer Solution brand.