What is the 1-800-GOT-JUNK? Franchisee granted the right to use in connection with the operation of the Franchised Business?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
HEREAS: A. Franchisor has developed a system (the “System”) providing for the operation of a retail business offering junk removal services using confidential methods, procedures, and business techniques and known to the public under the name “1-800-GOT-JUNK?”. B. The distinguishing characteristics of the System currently include, but are not limited to, the registered U.S. trademarks shown in Schedule A and related logos, designs, brands and slogans as may be added or modified from time to time (collectively the “Marks”). C. The System includes, but is not limited to, use and promotion of the Marks, operating procedures, policies, manuals, proprietary equipment, and techniques designed to enable franchisees to compete in the market for junk removal services. D. Franchisee wishes to establish and operate a 1-800-GOT-JUNK? franchise (the “Franchised Business”) utilizing the System in the Territory described in this Agreement, and to derive the benefits of Franchisor’s experience, name, advice and guidance. NOW THEREFORE in consideration of the recitals and the covenants and agreements herein contained, the parties covenant and agree as follows: 1. DEFINITIONS 1.1 Definitions and Interpretation. In this Agreement and in every amendment hereto (unless otherwise specified in any particular amendment), the following shall apply: (a) “Affiliate” means any entity that, directly or indirectly through one or more intermediaries, is in control of, is controlled by, or is under common control with Franchisor. For purposes of this definition, “control” of an entity means the power, directly or indirectly, either to (a) vote 50% or more of the equity interests having ordinary voting power for the election of directors (or persons performing similar functions) of such entity, or (b) direct or cause the direction of the management and policies of such entity, whether by contract or otherwise. 4908-1371-6037.2 Franchise Agreement 4/22 (b) “Related Parties” means Franchisor’s Affiliates and the directors, officers, managers, owners, employees, partners, agents, trustees, administrators, advisors and representatives of Franchisor and its Affiliates. (c) “Business Day” means any day, other than a Saturday, Sunday or a U.S. federal holiday in the Territory, “Week” means a calendar week, beginning on a Sunday and ending on the following Saturday; and “Month” means a calendar month, or portion thereof in the case of the first and last months of the Term and Renewal Term when the Term does not begin on the first day of a calendar month.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, the franchisee is granted a license to operate a retail business offering junk removal services under the name "1-800-GOT-JUNK?". This license allows the franchisee to utilize 1-800-GOT-JUNK?'s established system, which includes confidential methods, procedures, and business techniques. The distinguishing characteristics of this system include registered U.S. trademarks and related logos, designs, brands, and slogans. The franchisee must operate the Franchised Business continuously under the name “1-800-GOT-JUNK?” (or such alternate name or names as Franchisor may direct in writing from time to time).
The 1-800-GOT-JUNK? system includes the use and promotion of the Marks, operating procedures, policies, manuals, proprietary equipment, and techniques designed to enable franchisees to compete effectively in the junk removal services market. The franchisee benefits from 1-800-GOT-JUNK?'s experience, name, advice, and guidance. The franchisee's name must be clearly marked on all documented and electronic representations of the Franchised Business, as well as on all advertising, stationery, business cards, and purchase orders.
However, the franchisee's use of the Marks and the System, along with any goodwill established, inures to the exclusive benefit of 1-800-GOT-JUNK?. The franchisee acknowledges that they are expressly prohibited from offering for sale services, products, or other goods authorized by 1-800-GOT-JUNK? franchisees through the Internet or the World Wide Web or any other computer or alternative network accessible to the public or from registering any website, web address, URL address or domain names using the Marks or any variations, modifications or part thereof. The franchisee is also prohibited from promoting the Franchised Business or using the Marks on social networking websites without prior written consent from 1-800-GOT-JUNK?.