Is a Deer Solution franchisee responsible for libel, disparagement, or copyright infringement related to their use of Digital Media?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
responsible for disparagement, libel and/or copyright infringement if Franchisee published and/or caused such content to be published.
Franchisee agrees that Digital Media and/or Published Content, if permitted by Franchisor, must be approved by Franchisor prior to publication or use in any form. Digital Media and Published Content that is approved by Franchisor or that otherwise is acceptable to Franchisor as meeting Franchisor's standards shall be owned by Franchisor. As between Franchisor and Franchisee, any and all interest and right in or to the Digital Media and/or Published Content shall, at all times, be and is the exclusive property of Franchisor both during the Term of this Agreement and upon the expiration or termination of this Agreement. Franchisee agrees that the System Website and all improvements and modifications made to the System Website, Digital Media, and Published Content is and shall be the exclusive property of Franchisor. During the Term of this Agreement and subject to Franchisee's compliance with the terms and conditions of this Agreement, the System Website, shall include information related to the Franchised Business as shall be determined and designated by Franchisor in Franchisor's Reasonable Judgment. Franchisee agrees that in the event of the termination of this Agreement, for any reason, that the accounts related to all telephone numbers associated with the Franchised Business and all rights in and to the telephone numbers associated with the Franchised Business, shall, at Franchisor's election, be transferred to Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, a franchisee is responsible for disparagement, libel, and/or copyright infringement if the franchisee published or caused such content to be published. However, any Digital Media or Published Content approved by Deer Solution, or otherwise acceptable to Deer Solution as meeting its standards, becomes the property of Deer Solution.
This means that if a Deer Solution franchisee creates and publishes content that leads to legal issues like libel or copyright infringement, the franchisee will be held responsible. However, if the franchisee uses Digital Media or Published Content that has been pre-approved by Deer Solution, the franchisor assumes ownership and, by implication, the associated risks.
This clause highlights the importance of adhering to Deer Solution's guidelines and approval processes for all published content. While franchisees have some autonomy in their digital marketing efforts, they must ensure compliance with Deer Solution's standards to avoid potential legal liabilities. This is a common practice in franchising, where franchisors seek to maintain brand consistency and control legal risks associated with marketing and advertising.