What must an Afuri Ramen Dumpling franchisee use to conduct business?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
n a majority interest. The term "you" will include all persons who succeed to your interest by transfer or by operation of law.
- B. We have certain rights to, have registered in various jurisdictions, and intend to continue to develop names, trademarks, service marks, logos, commercial symbols, and styles. These include, but are not limited to, "Afuri®," "Afuri Ramen + Dumpling®," and related logos (the " Marks"). We own valuable goodwill and have valuable expertise, Confidential Information (defined below), methods, procedures, techniques, uniform standards, operations manuals, inventory control guidelines, systems, layouts, merchandise, and materials. These are connected with the operation, promotion, and advertising of businesses that operate fast-casual restaurants that offer freshly prepared ramen (Japanese style noodle) dishes with a diverse selection of broths, noodles, proteins, sauces and garnishes as well as sushi, rice bowls, Japanese appetizers and other food and beverage products under the Marks (the "System").
- C. As a franchisee, you are in an independent contractor relationship with us. You independently own and operate your Franchise. While we establish standards and recommendations for desired outcomes to protect our systems and brand, as an independent contractor franchisee, you generally determine the means to accomplish such outcomes. You are responsible for the day-to-day operation of your Franchise.
- D. You desire us to train you and to authorize you to operate a high-caliber Afuri franchise and to use our System and Marks. We are willing to grant you such a franchise on the terms and conditions set forth in this Agreement.
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. We grant to you, and you accept from us, the franchise, license, and privilege to use the Marks, the System, and merchandise bearing the Marks, for 10 years from the date of this Agreement (the "Franchise"). This grant solely is for the operation by you of one Afuri Franchise at the location identified in the attached Exhibit 1 (the "Franchise Premises") and in the geographical territory identified in the same exhibit (the "Franchise Territory").
- 1.1.1 Franchise Territory.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling FDD, franchisees must operate their restaurants using the Afuri Ramen Dumpling System and Marks. The System includes expertise, confidential information, methods, procedures, techniques, uniform standards, operations manuals, inventory control guidelines, systems, layouts, merchandise, and materials related to the operation, promotion, and advertising of Afuri Ramen Dumpling restaurants. The Marks include the names, trademarks, service marks, logos, commercial symbols, and styles associated with Afuri Ramen + Dumpling.
Afuri Ramen Dumpling franchisees are granted the right to use the System and Marks to operate their franchise. However, franchisees are prohibited from using the Confidential Information or the System in any way not explicitly authorized by Afuri Ramen Dumpling. This includes obligating their owners, board of directors, employees, and agents to the same non-use covenant. Any use of Confidential Information or the System must receive prior written approval from Afuri Ramen Dumpling.
Upon termination of the franchise agreement, franchisees must return all proprietary and confidential materials, including customer lists, account information, keys, codes, signage, advertising and marketing materials, service agreements, and other forms, printed files, security codes, and additional similar items and information as described in the Operations Manual. Failure to return or cease use of these items allows Afuri Ramen Dumpling to enter the business premises to remove and retain the items, with the franchisee responsible for any expenses incurred during the process.
Franchisees also agree not to disclose or use Afuri Ramen Dumpling's recipes in any manner other than in connection with Afuri franchises pursuant to the Franchise Agreement. This ensures the protection of Afuri Ramen Dumpling's proprietary information and maintains the uniformity of the brand's offerings across all franchise locations.