Who benefits from the Alloy franchisee's use of the Alloy Trademarks?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
The Trademarks are our Affiliate's valuable property, and our Affiliate is the owner of all right, title and interest in and to the Trademarks and all past, present or future goodwill of the Facility and of the business conducted at the Facility that is associated with or attributable to the Trademarks.
Your use of the Trademarks will inure to our Affiliate's benefit.
You may not, during or after the term of this Agreement, engage in any conduct directly or indirectly that would infringe upon, harm or contest our rights in any of the Trademarks or the goodwill associated with the Trademarks, including any use of the Trademarks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the Alloy Personal Training Solutions affiliate benefits from the franchisee's use of the Alloy trademarks. The FDD states that the affiliate is the owner of all rights, titles, and interests in the trademarks. It also specifies that all past, present, or future goodwill of the Alloy facility and the business conducted at the facility that is associated with or attributable to the trademarks belongs to the affiliate.
This means that as an Alloy franchisee uses the trademarks in their business, any positive reputation or customer recognition generated through that use ultimately benefits the affiliate. The franchisee's right to use the trademarks is specifically conditioned upon acknowledging the affiliate's ownership and ensuring that all use of the trademarks inures to the affiliate's benefit.
This arrangement is typical in franchising, where the franchisor (in this case, through its affiliate) owns the brand and trademarks, and the franchisee is granted a license to use them. This allows Alloy to maintain control over its brand and ensure consistency across all franchise locations, while the franchisee benefits from using a recognized brand name. The franchisee cannot engage in any conduct that would infringe upon, harm, or contest Alloy's rights to the trademarks.