What is the Devon Creek franchisee's obligation to provide affidavits related to the Intellectual Property?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
If ever it is asserted that Franchisor is the employer, joint employer or co-employer of any of Franchisee's employees in any private or government investigation, action, proceeding, arbitration or other setting, Franchisee irrevocably agree to assist Franchisor in defending said allegation, appearing at any venue requested by Franchisor to testify on Franchisor's behalf participate in depositions, other appearances or preparing affidavits rejecting any assertion that Franchisor is the em
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Devon Creek Franchise Disclosure Document, there is no mention of the franchisee's obligation to provide affidavits related to intellectual property. However, if it is ever asserted that Devon Creek is the employer, joint employer, or co-employer of any of the franchisee's employees in any private or government investigation, action, proceeding, arbitration, or other setting, the franchisee irrevocably agrees to assist Devon Creek in defending said allegation, appearing at any venue requested by Devon Creek to testify on Devon Creek's behalf, participate in depositions, other appearances, or preparing affidavits rejecting any assertion that Devon Creek is the employer.
This clause primarily focuses on defending Devon Creek against claims of being an employer of the franchisee's staff. It does not directly address the franchisee's obligations regarding affidavits related to intellectual property rights, infringements, or challenges. The franchisee's responsibility is to assist Devon Creek in employment-related disputes by providing testimony, participating in depositions, or preparing affidavits.
To fully understand a Devon Creek franchisee's obligations concerning intellectual property affidavits, it is essential to ask the franchisor directly about specific scenarios where such affidavits might be required. This includes situations involving intellectual property disputes, challenges to Devon Creek's trademarks or copyrights, or any other legal matters related to the brand's intellectual property.