What is a Kitchen Solvers franchisee's obligation if a claim arises from 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. The franchisee is obligated to cooperate with Kitchen Solvers in any action the company undertakes, and this cooperation must be provided without compensation.
Kitchen Solvers retains control over any litigation related to improper use or infringement of the trademarks. Kitchen Solvers has the right to decide whether to initiate, prosecute, or settle a suit, including determining the settlement terms and any other actions to be taken. Kitchen Solvers or its affiliate will be responsible for the fees and expenses associated with such actions.
However, there is an exception: if the claim or challenge results from the Kitchen Solvers franchisee's misuse of the trademarks in violation of the Franchise Agreement, the franchisee is responsible for reimbursing Kitchen Solvers for all fees and expenses incurred. This provision highlights the importance of adhering to Kitchen Solvers' trademark usage guidelines to avoid potential financial liabilities.