factual

Can Auntie Annes change the Intellectual Property used in the System?

Auntie_Annes Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 9.4 Changes to the Intellectual Property.

We have the right, upon reasonable notice, to change, discontinue, or substitute for any of the Intellectual Property and to adopt entirely different or new Intellectual Property for use with the System without any liability to you, in our sole discretion.

You agree to implement any such change at your own expense within the time we reasonably specify.

Source: Item 22 — CONTRACTS (FDD page 106)

What This Means (2024 FDD)

According to Auntie Annes' 2024 Franchise Disclosure Document, Auntie Annes has the authority to modify the Intellectual Property used in its franchise system. Specifically, Auntie Annes retains the right to change, discontinue, or substitute any of its Intellectual Property, and to adopt entirely new Intellectual Property for use within the system. This includes the Marks, Copyrights, Recipes, Trade Secrets, methods, or procedures that are part of the Auntie Annes system.

This right is reserved for Auntie Annes' sole discretion, and the company incurs no liability to the franchisee as a result of these changes. However, Auntie Annes is expected to provide reasonable notice to franchisees before implementing any such changes.

As a franchisee, you are obligated to implement these changes at your own expense and within the timeframe that Auntie Annes reasonably specifies. This could involve costs for new equipment, training, or marketing materials to align with the updated Intellectual Property. While Auntie Annes can make these changes, franchisees benefit from Auntie Anne's agreement to protect and defend them against any third-party claims challenging the validity of the Intellectual Property, provided the franchisee uses the Intellectual Property as intended under the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.