What must a Kitchen Solvers franchisee do if a claim arises out of their use of a Trademark?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly inform us of any claim arising out of your use of any Trademark and must, without compensation, cooperate with us in any action we undertake. We or our affiliate will be responsible for our fees and expenses with any such action, unless the challenge or claim results from your misuse of the Trademarks in violation of this Agreement, in which case you must reimburse us for our fees and expenses.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, if a claim arises from a franchisee's use of any trademark, the franchisee must promptly inform Kitchen Solvers of the claim. Additionally, the franchisee must cooperate with Kitchen Solvers in any action the company undertakes, without receiving compensation for their cooperation.
Kitchen Solvers retains control over any litigation related to improper use or infringement of the trademarks. They have the sole right to decide whether to initiate, prosecute, or settle any suits, including determining the settlement terms and any other actions to be taken. The franchisee's role is primarily to provide notification and support to Kitchen Solvers in managing the legal process.
Kitchen Solvers or its affiliate will be responsible for the fees and expenses associated with any legal action, unless the claim or challenge arises from the franchisee's misuse of the trademarks in violation of the Franchise Agreement. In such cases, the franchisee is responsible for reimbursing Kitchen Solvers for all fees and expenses incurred. This provision underscores the importance of adhering to Kitchen Solvers' trademark usage guidelines to avoid potential financial liabilities.