Does Floyds 99 have the option to control the defense of any action involving claims related to its copyrights?

According to the 2025 Floyds 99 Franchise Disclosure Document, Floyds 99 has the option to control the defense of any action or proceeding involving claims related to its copyrights. Specifically, Floyds 99 retains the right, at its option, to manage the legal defense in such cases.

This means that if a franchisee faces a claim related to the use of Floyds 99's copyrighted materials, Floyds 99 can choose to take over the defense of the case. This is a significant benefit for the franchisee, as it relieves them of the burden and expense of managing the litigation themselves. Floyds 99 will also indemnify and hold the franchisee harmless from any claims related to the franchisee's authorized use of Floyds 99's marks or copyrighted works, provided the franchisee's use complies with the franchise agreement.

However, the franchisee is required to notify Floyds 99 of any claims for which they are seeking indemnity in a timely manner. This ensures that Floyds 99 is aware of the situation and can take appropriate action. The franchisee must also cooperate fully with Floyds 99 in any such litigation. While Floyds 99 is not obligated to protect the copyrights or defend the franchisee's use of copyrighted items, they will reimburse the franchisee for damages and reasonable costs incurred in litigation if the use was compliant with the Franchise Agreement.