What does Fitstop refer to as the collective intellectual property associated with the Franchise System?

Section 3: Proprietary Marks and System Intellectual Property

• 3.1 We have a license to use, and license System Business owners the right to use, the Proprietary Marks and other intellectual property associated with our Franchise System (collectively, the "Marks and IP").
• 3.2 You agree that you must use our Marks and IP strictly in compliance with this Agreement, Franchise System and Manual (s), as we may update, supplement and/or otherwise modify in writing as we determine appropriate from time to time.
  • 3.3 You shall take no action which will interfere with any of our Marks and IP.
• 3.4 You shall not make an application for registration or other protection of any of our Marks and IP, and/or any item or items similar thereto, without our prior written consent.
• 3.5 You shall not contest our ownership of, nor the legal validity of any Mark and/or IP we determine to license or otherwise associate with the Franchise System and provide you with access to under the Agreement at any time during the Term hereof;
• 3.6 You shall immediately notify us of any claim of infringement resulting from any use of the Marks and IP. We have sole discretion as to what action to take, if any, regarding such matters. If we elect to take legal or administrative action in any such matter, you promise to join as a party to such action, or to allow us to bring the action solely in the name of your Franchised Business, but only as and if we so direct. In any such event, we shall bear the legal fees and court costs of prosecuting or defending any such action.
• 3.7 We, in our sole discretion, may modify or discontinue the use of our name, symbols, designs, trademarks, service marks, and patents, or any item or items similar thereto. In such event, we will not reimburse you for the tangible out of pocket costs which you incur in connection with making the necessary changes in accordance with our directives and timetables.
• 3.8 You shall not use any name in the operation of the Franchised Business, other than those which we specifically authorize in writing.
• 3.9 All directory listings, letterhead, or any other visual or printed matter that you use to communicate with anyone shall conform to our brand standards and the Manual(s).

Source: Item 23 — RECEIPTS (FDD pages 50–135)