If Punch King Fitness undertakes the defense of litigation, what assistance are you required to provide?

According to Punch King Fitness's 2024 Franchise Disclosure Document, if Punch King Fitness chooses to defend, prosecute, or settle any litigation related to its copyright-protected materials, Operating Manual, advertising materials, or proprietary documents, franchisees must assist as necessary to support the defense, prosecution, or settlement.

This means that if Punch King Fitness decides to take legal action to protect its intellectual property, franchisees are obligated to provide help. The FDD does not specify the exact nature of the assistance that may be required, but it could include providing documentation, testifying as a witness, or offering other forms of support to Punch King Fitness's legal team.

It is important to note that Punch King Fitness is not required to defend its copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. Additionally, Punch King Fitness is not required to indemnify franchisees for expenses or damages if the franchisee is involved in an administrative or judicial proceeding related to these materials, especially if the proceeding is resolved unfavorably to the franchisee. This places the onus on the franchisee to potentially bear the costs of legal proceedings if they are a party to a dispute involving Punch King Fitness's intellectual property.