What is Advanced Mobile Iv And Amiv's discretion regarding changes to the Licensed Methods?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
You understand and agree that the Licensed Methods must not remain static if it is to meet presently unforeseen future changes in technology, competitive circumstances, demographics, consumer trends, social trends and other marketplace variables and to best serve the interests of you, us and our other franchisees. We may add to, subtract from, change or modify any part of the Marks, Operations Manual, or Licensed Methods from time to time at our sole discretion, This may include changes to the products, equipment, signage, trade dress, décor, design, appearance, operations, programs, services, methods, standards, forms, policies and procedures of the Licensed Methods or abandoning the Licensed Methods altogether in favor of another system in connection with a merger, acquisition, or other business reason. You will accept, use, and protect, for the purposes of this Agreement, all additions, subtractions, changes and modifications as if they were a part of the Marks, Operations Manual, and Licensed Methods at the time this Agreement is executed. You will bear all costs and expenses which may be reasonably necessary as a result of such changes or modifications. Except as otherwise provided in this Agreement, under no circumstances will we be liable to you for any damages, costs, losses, or detriments relating to or directly or indirectly resulting from these changes or modifications.
Complete and detailed uniformity of the Marks, Operations Manual, and Licensed Methods under the varying conditions to be experienced by our franchisees may not be possible or practicable. Therefore we reserve the right, at our discretion, to accommodate your special needs, or those of any other of our franchisees. These needs may result from the peculiarities of density of population, population demographics, business potential, population of trade area, existing business practices, requirements of local law or local customers, or any other condition which we deem to be important to the successful operation of the franchisee's business. From time
22 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
to time, we may allow certain franchisees to depart from normal system standards and routines to experiment with or test new products, equipment, designs, and procedures. In no event will any variance or testing be deemed a waiver of any of our rights, or an excuse for you to not perform any of your duties under this Agreement. We may require you at any time to commence full compliance with the Operations Manual and the Licensed Methods. We will not be required to grant any variance to you under any circumstances. You will not require us to disclose or grant to you a like or similar variation.
Any improvements, modifications or additions which we make to Licensed Methods or to the Marks, or which become associated with Licensed Methods, including ideas suggested or initiated by you, will inure to our benefit, and become our exclusive property. You assign to us or our designee all intellectual property rights, including all copyrights, in and to any improvements or works which you may create, acquire or obtain in operating your franchise business. You agree that we may use, and authorize others to use, improvements which you suggest, initiate or originate without compensation to you and without your permission. You understand and agree that nothing in this Agreement constitutes or will be construed as our consent or permission to you to modify the Licensed Methods or the Marks. Any modification which you desire to propose or make will require our prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, Advanced Mobile Iv And Amiv has the sole discretion to modify the Licensed Methods. These modifications can include additions, subtractions, or changes to any part of the Marks, Operations Manual, or Licensed Methods. This may also include changes to products, equipment, signage, trade dress, décor, design, appearance, operations, programs, services, methods, standards, forms, policies, and procedures. Advanced Mobile Iv And Amiv even has the right to abandon the Licensed Methods altogether in favor of another system due to a merger, acquisition, or other business reason.
As a franchisee, you must accept and use all these changes as if they were part of the original agreement. You are also responsible for all costs and expenses resulting from these changes. Advanced Mobile Iv And Amiv will not be liable for any damages, costs, losses, or detriments resulting from these modifications.
Advanced Mobile Iv And Amiv also reserves the right to accommodate the special needs of franchisees, which may result from various local conditions. Furthermore, any improvements, modifications, or additions to the Licensed Methods, including those suggested by the franchisee, become the exclusive property of Advanced Mobile Iv And Amiv. Franchisees also agree that Advanced Mobile Iv And Amiv can use improvements suggested by franchisees without compensation or permission. Franchisees cannot modify the Licensed Methods or Marks without prior written consent from Advanced Mobile Iv And Amiv.