Can Afuri Ramen Dumpling change or discontinue any part of the Marks at any time?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
We may change or discontinue any part of the Marks at any time in our sole discretion. You will modify or discontinue use of any franchise names or Marks, or will use one or more substitute names or marks, if we so direct in writing at any time. Our sole obligation in this event will be to reimburse you for your tangible costs in complying with our direction (i.e., cost of changing signs, stationery, etc.). You will bear all costs and expenses that may be reasonably necessary because of these changes or modifications. Under no circumstances will we be liable to you for any damages, costs, losses, rights, or detriments related to any modification, discontinuance, or substitution. All obligations or requirements imposed upon you relating to the Marks will apply with equal force to any modified or substituted names or marks.
Source: Item 13 — Trademarks (FDD pages 37–39)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, Afuri Ramen Dumpling has the authority to modify or discontinue any part of its Marks at any time, exercising its sole discretion. If Afuri Ramen Dumpling directs a franchisee in writing to modify or discontinue the use of any franchise names or Marks, or to use substitute names or marks, the franchisee must comply. In such cases, Afuri Ramen Dumpling will only reimburse the franchisee for tangible costs directly related to compliance, such as the cost of changing signs or stationery.
However, the franchisee is responsible for all other costs and expenses that may arise due to these changes or modifications. Afuri Ramen Dumpling explicitly states that it will not be liable for any damages, costs, losses, rights, or detriments related to any modification, discontinuance, or substitution of the Marks. All obligations and requirements imposed on the franchisee regarding the Marks will also apply to any modified or substituted names or marks.
This clause highlights a potential risk for franchisees, as they may incur costs due to changes in the Marks that are not fully reimbursed by Afuri Ramen Dumpling. While Afuri Ramen Dumpling covers the direct costs of changing physical materials, franchisees must bear any additional expenses. Prospective franchisees should consider this potential financial burden and factor it into their investment decisions. It is also advisable to seek clarification from Afuri Ramen Dumpling regarding the frequency and scope of potential changes to the Marks and to negotiate terms that provide greater financial protection in such events.