If Kitchen Solvers undertakes the defense of an infringement claim, what is the franchisee's obligation?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum pertains to franchises sold in the State of Minnesota and is for the purpose of complying with Minnesota statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended as follows:
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- We will undertake the defense of any claim of infringement by third parties involving the KITCHEN SOLVERS mark, and you will cooperate with the defense in any reasonable manner prescribed by us with any direct cost of such cooperation to be borne by us.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, specifically the addendum for franchises sold in Minnesota, Kitchen Solvers will handle the defense of infringement claims related to the Kitchen Solvers mark. However, the franchisee has a responsibility to cooperate with Kitchen Solvers in a reasonable manner during the defense.
This cooperation may involve providing necessary documentation, appearing for depositions, or offering other forms of assistance as reasonably requested by Kitchen Solvers. The direct costs associated with the franchisee's cooperation will be borne by Kitchen Solvers, meaning the franchisee will not have to pay out-of-pocket for expenses incurred while assisting in the defense, such as travel or document reproduction costs.
This obligation is specific to franchises operating in Minnesota, as it is part of an addendum addressing Minnesota statutes and regulations. Franchisees in other states may have different obligations or rights regarding infringement claims, as outlined in their specific franchise agreements and addenda. Prospective franchisees should carefully review their franchise agreement and any state-specific addenda to understand their responsibilities and rights in such situations.