Does Endless Summer Sweets know of any copyright infringement that could materially affect a franchisee?

According to the 2024 Endless Summer Sweets Franchise Disclosure Document, Endless Summer Sweets states that it is not aware of any copyright infringement that could materially affect a franchisee. However, Endless Summer Sweets does not have any registered copyrights, though all of their original works are protected under the U.S. Copyright Act. These copyrighted materials can be used by the franchisee during the term of the franchise, as long as it is consistent with Endless Summer Sweets' ownership rights, and solely for the franchised business.

Endless Summer Sweets is not obligated to protect any of its copyrights or defend a franchisee against claims arising from the use of copyrighted items. The franchise agreement does not require Endless Summer Sweets to take action if notified of copyright infringement. Endless Summer Sweets retains control over any copyright litigation and is not required to participate in the defense of a franchisee or cover expenses or damages in a copyright-related proceeding.

Endless Summer Sweets may require a franchisee to modify or discontinue using material covered by their copyrights, and the franchisee will bear the expense of doing so. This means that while Endless Summer Sweets does not currently know of any issues, a franchisee could potentially face expenses or be forced to change business practices if a copyright issue arises in the future.