According to the All Team FDD, can the 'Marks' used by All Team be modified by All Team?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
itself as a franchisee of ATFC. FRANCHISEE shall not incur any obligations or indebtedness except in FRANCHISEE's name. Further, FRANCHISEE shall not use the Marks (or any marks or names confusingly similar thereto) as an Internet domain name or in the content of any website, directory or listing.
- D. Change of Marks. ATFC shall have the right to change the Marks to be used by FRANCHISEE at any time and for any reason it deems appropriate. FRANCHISEE shall pay the costs associated with such change and shall make such necessary changes promptly. Notwithstanding the foregoing, in the event of a change to the Marks, FRANCHISEE will be allowed to continue to use up any supplies with the old Marks for a reasonable time so long as FRANCHISEE's use does not violate any laws, court or administrative orders or rights of third parties to said Marks.
- E. Use of Marks on the Internet.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, All Team has the right to change the Marks used by the franchisee at any time and for any reason they deem appropriate. The franchisee is responsible for paying the costs associated with any such changes and must implement the necessary changes promptly. However, All Team will allow the franchisee a reasonable amount of time to use up existing supplies bearing the old Marks, provided that such use does not violate any laws, court or administrative orders, or the rights of third parties.
This provision means that franchisees must be prepared to update their branding and marketing materials if All Team decides to change its Marks. This could involve expenses for new signage, stationery, and other branded items. While franchisees are given some leeway to deplete old supplies, they must comply with the changes in a timely manner and at their own cost.
This clause is fairly standard in franchising, as franchisors need the flexibility to update their branding to stay competitive and relevant. However, it's important for prospective All Team franchisees to factor in the potential costs of rebranding when evaluating the investment. Franchisees should also inquire about how frequently All Team has changed its Marks in the past and what support they provide to franchisees during a rebranding process.
Furthermore, the FDD states that the definition of 'Marks' includes service marks, trademarks, trade dress, trade names, and copyrights, or any marks which may be considered confusingly similar, as may presently exist, or which may be modified, changed, or acquired by All Team or its affiliates. This definition underscores All Team's broad authority over its brand identity and the franchisee's obligation to adhere to any changes.