Does the Alloy franchise agreement state that the System is identified by the Trademarks?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- E. "System" means the ALLOY System, which consists of specific equipment, fixtures, furnishings, materials and supplies; methods, uniform standards, specifications and procedures for operations; procedures for management; training and assistance; and merchandising, advertising and promotional programs and other proprietary information, all of which we may change, improve and further develop. The System is identified by the Trademarks. The System includes a proprietary software application (the "Alloy App"). The Alloy App will provide a franchisee with tools to manage and communicate with coaches and clients through a personal profile.
- F. "Trademarks" means the ALLOY Trademark that has been registered in the United States and elsewhere and the trademarks, service marks and trade names set forth in the Manual, as we may modify and change from time to time, and the trade dress and other commercial symbols used in the Facility. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of the Facility from time to time.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that the Alloy System is identified by the Trademarks. The Alloy System consists of specific equipment, fixtures, furnishings, materials and supplies; methods, uniform standards, specifications and procedures for operations; procedures for management; training and assistance; and merchandising, advertising and promotional programs and other proprietary information. Alloy may change, improve and further develop the system.
For a prospective franchisee, this means that the entire operating model of the Alloy franchise is closely tied to and protected by the brand's trademarks. Franchisees are licensed to use these trademarks as part of their operation.
This also implies that franchisees must adhere to Alloy's standards and guidelines to maintain the integrity of the brand and its trademarks. Any deviation from these standards could potentially infringe on the trademarks and lead to legal or contractual issues. The Alloy Trademarks include the ALLOY trademark and service mark that has been registered in the United States and elsewhere, and the other trademarks, service marks, trade names, the trade dress and other commercial symbols that Alloy authorizes a franchisee to use in the operation of the Facility from time to time, each as Alloy may modify and update from time to time. Trade dress includes the designs, color schemes and image Alloy authorizes a franchisee to use from time to time.