What is the franchised business model that MSO facilitates for Advanced Mobile Iv And Amiv?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
MOBILE IV, LLC St. George, Utah
FRANCHISE AGREEMENT
| Territory | Name | Business Address | Phone | |---|---|---|---| | South Jordan & | Wes Hancock and Braden | 525 E. 5300 S | 435-216-6873 | | Herriman, UT | Bangerter | Salt Lake City, UT 84107 | | For purposes of this Agreement "Franchisee" and "you" may include an individual, corporation, partnership, limited liability company or other legal entity. "Franchisee" and "you" include any corporation, partnership, limited liability company, individual, combination of individuals, or other legal entity that owns a majority interest of Franchisee, or in which Franchisee owns a majority interest. The term "Franchisee" and "you" include, collectively and individually, all owners, managers, officers, directors, partners, principals and holders of a beneficial interest of Franchisee, and of any legal entity directly or indirectly controlling Franchisee. The term "Franchisee" and "you" will include all persons who succeed to Franchisee's interest by transfer or by operation of law.
Franchisor has certain rights to, has registered in various jurisdictions, and has developed and intends to continue to develop methods for establishing, operating and promoting general IV (Intravenous Therapy) services, including but not limited to vitamin infused hydration therapy and other injection services designed to help with fatigue, difficulty focusing or concentrating, lack of motivation, slow recovery, poor immunity, or dry skin, among other issues ("Mobile IV Business") using the "Advanced Mobile IV," "AMIV," and related names, marks, logos, slogans, and other commercial symbols that Franchisor owns or for which Franchisor has obtained the right to use ("Marks") and Franchisor's proprietary concepts, formats, procedures, processes, proprietary products, systems, standards, techniques, guidelines, specifications, training programs, and methods of doing business as Franchisor develops and prescribes from time to time (collectively, the "Licensed Methods ").
Franchisee desires Franchisor to train and to authorize Franchisee to establish a Mobile IV Business to operate within a territory identified in this Agreement , and Franchisor desires to grant Franchisee the right to operate a Mobile IV Business within such territory under the terms and conditions which are contained in this Agreement.
THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
1 GRANT OF FRANCHISE AND FRANCHISE TERRITORY
1.1 Grant of Franchise and Franchise Territory. Franchisor grants to Franchisee, and Franchisee accepts from Franchisor, the franchise, license, and privilege to use the Marks and Licensed Methods for 5 years from the Effective Date (the "Term") in connection with the establishment and operation of a Mobile IV Business (the "Franchise"), within a territory described below. Franchisee agrees to use the Marks and Licensed Methods, as they may be changed, improved, and further developed by Franchisor from time to time, only in accordance with the terms and conditions of this Agreement. The term "Franchise" shall include the entire enterprise that Franchisee is authorized to conduct under this Agreement.
This grant solely is for the operation by Franchisee of one Advanced Mobile IV franchise within the geographical territory identified in the attached Schedule 1 (the "Franchise Territory"). Franchisee may not operate outside the Franchise Territory without Franchisor's prior written consent. To operate outside of the
1 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
state boundaries in which the Franchise Territory is located Franchisee must receive Franchisor's prior written consent and Franchisee must execute a separate franchise agreement for that territory. To establish additional franchises, Franchisee must not be in default in any material provision of this Agreement and any and all other agreements between Franchisee and Franchisor or its affiliates; Franchisee's proposed territory must meet Franchisor's franchise placement and market penetration guidelines and criteria; and Franchisee must sign Franchisor's then-current franchise agreement for that franchise. The franchise territory must also be legally available in compliance with federal and state franchise disclosure and registration laws and contractually available pursuant to contractual obligations to other Advanced Mobile IV franchisees.
If the Franchise Territory is comprised of postal ZIP codes and if the U.S. Postal Service moves, alters, or eliminates any of the ZIP code(s) that are part of the Franchise Territory, Franchisor has the right to redefine the boundaries of the Franchise Territory to correspond as nearly as possible to the original territorial border. During the Term of and so long as the Franchisee is in good standing under this Agreement, Franchisor shall not establish or operate and shall not license or allow any other the right to establish or operate another Mobile IV Business that uses the Marks within the Franchise Territory. In the event Franchisee desires to expand the Franchise Territory, Franchisee would then need to purchase separate franchise rights or expand Franchisee's current Franchise Territory. Franchisee shall be obligated to establish and implement franchise operations in each additional Franchise Territory, including meeting the minimum Performance Benchmarks set forth.
The Franchise Territory purchased by Franchisee under this Agreement shall in no way limit the ability of Franchisor or any other Franchisee to provide limited IV Therapy services in the Franchise Territory. This provision in no way authorizes Franchisor or other Franchisees from other areas to market their services in the Franchise Territory consistently or purposefully, but rather, this provision shall apply when Franchisor or other franchisees have existing corporate clients or other existing clients who may be traveling through an area for a particular event or for a temporary stay, even if the stay is an extended stay.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Advanced Mobile Iv And Amiv Franchise Disclosure Document, the franchised business model involves establishing and operating a Mobile IV Business. Advanced Mobile Iv And Amiv grants the franchisee the right to operate this business within a specific territory, utilizing the company's established methods, Marks, and Licensed Methods. The Mobile IV Business focuses on providing general IV (Intravenous Therapy) services, including vitamin-infused hydration therapy and other injection services. These services are designed to address issues such as fatigue, difficulty focusing, lack of motivation, slow recovery, poor immunity, or dry skin.
As part of the franchise agreement, the franchisee is expected to faithfully, honestly, and diligently perform their obligations and continuously exert their best efforts to promote the franchise. This includes using the Marks and Licensed Methods to operate all aspects of the franchise. The franchisee is restricted to offering only products and services designated by Advanced Mobile Iv And Amiv and must obtain written approval before manufacturing, offering, or selling any other products or services. The franchisee must also consistently use the Marks and feature products and services approved by Advanced Mobile Iv And Amiv in writing.
Advanced Mobile Iv And Amiv also sets performance benchmarks that the franchisee is expected to meet. Failure to achieve the required level of sales or performance within a given time period may result in Advanced Mobile Iv And Amiv terminating the agreement or reducing the size or scope of protection of the franchise territory. The franchisee is not allowed to relocate the franchise territory without prior written approval from Advanced Mobile Iv And Amiv, and any relocation will be at the franchisee's sole expense. The Marks and Licensed Methods are licensed to the franchisee specifically for the operation of the Mobile IV Business within the designated Franchise Territory. Therefore, the franchisee cannot provide mobile IV or hydration infusion services, or offer any other type of products or services using the Marks and Licensed Methods, without the prior written consent of Advanced Mobile Iv And Amiv.
Advanced Mobile Iv And Amiv retains several rights, including the right to use, and to license others to use, the Marks and Licensed Methods for the operation of mobile IV Therapy businesses in territories and at any location other than in the Franchise Territory. They can also use or license to others the Marks and Licensed Methods or any other trademarks, service marks, logos, or commercial symbols in connection with the sale of any services or products other than those directly contemplated being used, offered, or sold by Franchisee under this Agreement. Advanced Mobile Iv And Amiv expressly reserves the right to sell, or earn rebates and fees from the sale by others licensed or authorized by Advanced Mobile Iv And Amiv to sell, proprietary products on a wholesale basis for use in preparing services and products that will not carry an Advanced Mobile IV brand. Additionally, Advanced Mobile Iv And Amiv can operate and grant to others the right to operate Advanced Mobile IV businesses on such terms and conditions as they deem appropriate.