What section of the Face Foundrie Franchise Agreement is amended regarding notification of infringement and claims in the Minnesota addendum?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
NOTIFICATION OF INFRINGEMENT AND CLAIMS. The following sentence is added to the end of Section 5.04 of the Franchise Agreement: Provided Franchisee has complied with all provisions of this Agreement applicable to the Marks, Franchisor will protect Franchisee's right to use the Marks and will indemnify Franchisee from any loss, cots or expenses arising out of any claims, suits or demands regarding Franchisee's use of the Marks in accordance with Minn. Stat. Sec. 80C 12, Subd. 1(g).
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Minnesota addendum modifies the Franchise Agreement concerning notification of infringement and claims. Specifically, it adds a sentence to the end of Section 5.04 of the Franchise Agreement. This addition stipulates that if the franchisee has adhered to all applicable provisions of the agreement related to the trademarks, Face Foundrie will protect the franchisee's right to use those marks.
Furthermore, Face Foundrie will indemnify the franchisee against any losses, costs, or expenses that arise from claims, suits, or demands related to the franchisee's use of the marks. This protection is provided in accordance with Minnesota Statute Section 80C.12, Subdivision 1(g), offering a specific legal framework for this indemnification.
This modification provides Minnesota Face Foundrie franchisees with assurance that the franchisor will stand behind their use of the brand's trademarks, provided they are in compliance with the franchise agreement. This type of clause is intended to protect franchisees from legal challenges related to intellectual property and brand usage, which can be a significant concern in any franchise system.