In the event of a claim against a Mr. Sandless franchisee, is the franchisee required to cooperate with Mr. Sandless?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
If you learn of any actual or potential claim against you or us relating to the use of the Proprietary Marks, trade names, or copyrighted materials, you must promptly notify us. We have the discretionary right to take any action we deem necessary to address any claim. We have the discretionary right to defend, compromise or settle any claim using attorneys of our own choosing and you must cooperate fully with us. We will protect, defend and indemnify you in connection with the claim unless the claim arises out of or relates to your use of the Proprietary Marks, trade names, and copyrighted materials in violation of the Franchise Agreement, the Manual or otherwise.
Source: Item 13 — TRADEMARKS (FDD pages 26–28)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, if a franchisee faces a claim related to the use of Mr. Sandless's proprietary marks, trade names, or copyrighted materials, the franchisee must promptly notify Mr. Sandless. Mr. Sandless has the discretionary right to take any action it deems necessary to address the claim.
Mr. Sandless also has the right to defend, compromise, or settle any claim using attorneys of its choosing. The franchisee is explicitly required to cooperate fully with Mr. Sandless in such situations. This cooperation is essential for Mr. Sandless to manage and resolve the claim effectively, protecting the brand and its intellectual property.
However, Mr. Sandless will protect, defend, and indemnify the franchisee in connection with the claim unless the claim arises out of the franchisee's violation of the Franchise Agreement, the Manual, or other misuse of the proprietary marks, trade names, and copyrighted materials. This means that if the franchisee follows the guidelines and agreements set forth by Mr. Sandless, they will be supported in case of a claim. If the claim arises due to the franchisee's own negligence or violation of the agreement, they may not receive the same protection.