Who controls litigation or proceedings involving Punch King Fitness copyright-protected materials?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
You must promptly notify us of any infringement of the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents by any person or legal entity or any litigation instituted by any person or legal entity against you or us involving the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. We will control any litigation or proceeding. We are not required to defend the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. If we undertake the defense, prosecution, or settlement of any litigation relating to the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or proprietary documents, you agree to assist as necessary to carry out such defense, prosecution, or settlement. We are not required to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents or if the proceeding is resolved unfavorably to you.
We retain the right to modify the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents. Upon demand by us, you shall discontinue using Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents at your sole cost and expense, as directed by us. We are not required to reimburse or compensate you for any modification or discontinuation of the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or proprietary documents.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–41)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, Punch King Fitness retains control over any litigation or proceedings involving its copyright-protected materials. This includes the Operating Manual, advertising materials, and other proprietary documents. As a franchisee, you are obligated to promptly notify Punch King Fitness of any infringement or litigation related to these materials.
While Punch King Fitness controls the litigation, they are not required to defend these copyright-protected materials. However, if Punch King Fitness chooses to undertake the defense, prosecution, or settlement of any related litigation, you, as the franchisee, must assist as necessary.
It's important to note that Punch King Fitness is not required to indemnify you for expenses or damages if you are involved in an administrative or judicial proceeding concerning these materials, especially if the proceeding's outcome is unfavorable to you. Additionally, Punch King Fitness retains the right to modify or discontinue the use of its copyright-protected materials, and you are responsible for discontinuing their use at your own cost if directed by Punch King Fitness, without any reimbursement from them.