Under what condition will a Floors To Go franchisee be indemnified by Floors To Go for infringement claims?

According to the 2025 Floors To Go Franchise Disclosure Document, Floors To Go will indemnify a franchisee against claims of infringement. This protection applies specifically when the infringement claims arise from the franchisee's authorized use of the FTG Marks. This means that if a third party claims the franchisee's use of the Floors To Go trademarks, logos, or other identifying marks infringes on their rights, Floors To Go will cover the franchisee's losses, damages, and legal costs associated with defending against such claims.

However, this indemnification is conditional. It only applies when the franchisee uses the FTG Marks as explicitly authorized by the franchise agreement. If the franchisee uses the marks in an unauthorized or improper manner, they will not be indemnified by Floors To Go and may instead be required to indemnify Floors To Go against any claims arising from their misuse of the marks. This underscores the importance of adhering strictly to the brand guidelines and usage protocols established by Floors To Go.

In practical terms, this means a Floors To Go franchisee can operate with the assurance that they are protected from trademark infringement claims as long as they follow the franchisor's guidelines for using the Floors To Go Marks. It is essential for prospective franchisees to fully understand the scope of authorized use and to seek clarification from Floors To Go if there are any uncertainties. Furthermore, franchisees in Minnesota have additional protections, as the indemnification extends to the degree required by Minnesota Statutes §80C.12, Subd. 1(g).