What must a My Salon Suite franchisee do to assist My Salon Suite in protecting its interests in any litigation or proceeding related to Copyrighted Materials, Confidential Information, or Trade Secrets?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
You must sign all instruments and documents, give assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyrighted Materials, Confidential Information, or Trade Secrets.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 59–60)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, a franchisee has specific obligations to assist My Salon Suite in protecting its interests related to Copyrighted Materials, Confidential Information, or Trade Secrets. If litigation or a proceeding arises, the franchisee must sign all instruments and documents, provide assistance, and perform any actions deemed necessary by My Salon Suite's counsel to protect and maintain My Salon Suite's interests. This obligation underscores the importance of My Salon Suite maintaining control over its proprietary assets and ensuring franchisees actively support these efforts.
This requirement means that a My Salon Suite franchisee must be prepared to fully cooperate with My Salon Suite and its legal team in any legal matters pertaining to these protected assets. This cooperation could involve providing documentation, testifying in court, or taking other actions as directed by My Salon Suite's counsel. The franchisee does not have the right to contest My Salon Suite's rights to its Copyrighted Materials, Confidential Information, or Trade Secrets, and must communicate only with My Salon Suite, its counsel, or designees regarding any related infringement, challenge, or claim.
My Salon Suite retains the sole right to control any litigation or proceeding related to infringements, challenges, or claims concerning its Copyrighted Materials, Confidential Information, or Trade Secrets. This control extends to deciding whether or not to take affirmative action in response to any apparent infringement or challenge. While My Salon Suite may choose to cover reasonable costs associated with such actions, it is not obligated to do so.
For a prospective franchisee, this highlights the need to understand the scope of My Salon Suite's proprietary information and the franchisee's role in safeguarding it. Franchisees should be aware that they could be called upon to actively participate in legal proceedings and must be willing to follow the franchisor's instructions to protect My Salon Suite's interests. This also means understanding that the franchisee cannot act independently in these matters and must always defer to My Salon Suite's decisions and legal strategy.