Does Pearce Bespoke contract with individual franchisees to protect against unfair competition claims arising out of the franchisee's use of the copyrights?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Pearce Bespoke does not contract with individual franchisees to protect the copyrights, to protect individual franchisees against infringement or unfair competition claims arising out of the franchisee's use of the copyrights, or to participate in the franchisee's defense or indemnify the franchisee. Pearce Bespoke reserves the right to control any copyright litigation and will be the sole judge as to whether any suit will be brought or settled when any person or entity infringes Pearce Bespoke's copyrights.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 29–30)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, Pearce Bespoke does not enter into contracts with individual franchisees to provide copyright protection, defend against infringement or unfair competition claims related to the franchisee's use of copyrights, or offer indemnification.
This means that as a Pearce Bespoke franchisee, you are responsible for defending yourself against any claims of copyright infringement or unfair competition arising from your use of Pearce Bespoke's copyrighted materials. Pearce Bespoke retains the right to control any copyright litigation and has the sole discretion to decide whether to initiate or settle a suit if its copyrights are infringed.
This arrangement places the risk and cost of defending against such claims on the franchisee, while Pearce Bespoke maintains control over the copyrights themselves. Prospective franchisees should carefully consider this aspect and potentially seek legal counsel to understand the full implications of operating under these terms.