What rights does Advanced Mobile Iv And Amiv retain regarding the Licensed Methods?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
the prior written consent of Franchisor.
- 1.5 Existence of Divergent Forms of Franchise Contracts. You acknowledge that the terms of our franchise offering may have in the past or may in the future materially differ from those set forth in this Agreement.
- 1.6 Franchisor's Reservation of Rights. Franchisee acknowledges that the Franchise granted under this Agreement is non-exclusive and that Franchisor retains all rights not specifically granted to Franchisee under this Agreement. Except as otherwise expressly provided in this Agreement, Franchisor retains the rights, among others, in Franchisor's sole discretion and without granting any right to Franchisee:
- A. 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;
- B. to use or license to others to use 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. Franchisor expressly reserves the right to sell, or earn rebates and fees from the sale by others licensed or authorized by Franchisor to sell, proprietary products on a wholesale basis for use in preparing services and products that will not carry an Advanced Mobile IV brand.
- C. to operate and grant to others the right to operate Advanced Mobile IV businesses on such terms and conditions as we deem appropriate.
3 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
- D. to use the Marks and Licensed Methods to identify services and products, promotional and marketing efforts or related items, and to identify products and services similar to those which Franchisee will sell, but made available through alternative channels of distribution other than through mobile IV Therapy business, at any location other than in the Franchise Territory, including, but not limited to, through permanent or temporary clinic or retail store locations or kiosk, by way of mail order, (including electronic mail order), the internet, catalog, television, display, other forms of media now or in the future developed, or through the wholesale sale of its services and products to or to distributors or outlets located in stadiums, arenas, airports, turnpike rest stops or supermarkets; and
- E.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Franchise Disclosure Document, Advanced Mobile Iv And Amiv retains significant rights regarding the Licensed Methods. The franchise granted to the franchisee is non-exclusive, meaning Advanced Mobile Iv And Amiv reserves all rights not specifically granted to the franchisee in the agreement.
Specifically, Advanced Mobile Iv And Amiv has the right to use and license others to use the Marks and Licensed Methods for mobile IV Therapy businesses in territories outside the franchisee's territory. They can also use or license the Marks and Licensed Methods for the sale of any services or products other than those directly used, offered, or sold by the franchisee. Advanced Mobile Iv And Amiv can sell or earn rebates and fees from the sale of proprietary products on a wholesale basis for use in preparing services and products that will not carry an Advanced Mobile IV brand. Furthermore, Advanced Mobile Iv And Amiv retains the right to operate and grant others the right to operate Advanced Mobile IV businesses under terms and conditions they deem appropriate, without granting the franchisee any rights in those operations.
These retained rights allow Advanced Mobile Iv And Amiv to expand its brand and services through various channels and territories, potentially creating competition for the franchisee. It is important for a prospective franchisee to understand that Advanced Mobile Iv And Amiv can market, solicit sales, and sell franchise products to any person or customer they choose, including national accounts and commercial customers, either directly or through independent contractors, without guaranteeing exclusivity to the franchisee in any geographic territory or customer segment. Additionally, any improvements, modifications, or additions to the Licensed Methods or Marks, even those suggested by the franchisee, become the exclusive property of Advanced Mobile Iv And Amiv, which can use them without compensating the franchisee.