Does Afuri Ramen Dumpling reserve any rights related to the franchise?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1.7 Rights We Reserve.
We retain all rights not specifically granted to you under this Agreement.
We retain the right, in our sole discretion and without granting any right to you:
A. to use or license the use of the Marks or any other trademarks, service marks, logos or commercial symbols to anyone, and for any purpose, and at any location (except that we will not place an Afuri restaurant with your Franchise Territory).
B. to sell products or services anywhere, including within the Franchise Territory, using the Marks or different marks, through channels of distribution other than the Afuri restaurant franchise granted to you by this Agreement.
We will have no obligation to compensate you for any such sales made within your Franchise Territory.
For example, we may place Afuri establishments in airport and mall food courts, stadiums, and similar limited access environments in your Franchise Territory and regardless of the location of other Afuri operations.
We may place present and future Afuri products for sale in grocery stores and food markets at any location, whether or not within the Franchise Territory or within close proximity to an Afuri franchise.
Other distribution methods may also include internet sales, telephone sales, catalogue sales, sales via online marketplaces (such as Goldbelly.com, for example), and sales by other means.
- C. to reserve the exclusive right to use the Internet to promote the Marks and to offer and sell Afuri-related products and services.
You may not independently market on the Internet, conduct e-commerce, or make sales via online marketplaces except as otherwise allowed by us in the Operations Manual.
- D. to locate Afuri company-owned and franchised restaurant locations anywhere outside of your Franchise Territory.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, Afuri Ramen Dumpling retains all rights not specifically granted to the franchisee. These reserved rights allow Afuri Ramen Dumpling to use or license its trademarks, service marks, logos, or commercial symbols to anyone, for any purpose, and at any location, with the exception that they will not place an Afuri restaurant within the franchisee's exclusive territory.
Afuri Ramen Dumpling also reserves the right to sell products or services anywhere, including within the franchisee's territory, through different distribution channels other than the Afuri restaurant franchise granted to the franchisee. This includes placing Afuri establishments in locations like airport and mall food courts, stadiums, and grocery stores, as well as through internet, telephone, catalogue sales, and online marketplaces. The franchisee will not be compensated for any such sales made within their territory.
Furthermore, Afuri Ramen Dumpling retains the exclusive right to use the Internet to promote the Marks and to offer and sell Afuri-related products and services. Franchisees are restricted from independently marketing on the Internet, conducting e-commerce, or making sales via online marketplaces unless specifically allowed in the Operations Manual. Afuri Ramen Dumpling also reserves the right to locate company-owned and franchised restaurant locations anywhere outside of the franchisee's Franchise Territory. These stipulations ensure that Afuri Ramen Dumpling maintains control over its brand and distribution channels, which is a common practice in franchising.