Does the Aw Franchise Agreement allow the company to change or add to the Marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
ers on whose business skill, financial capability and personal character we are relying in entering into this Agreement. Those individuals will be referred to in this Agreement as "Owners."
Through the expenditure of considerable time, effort and money, we and our affiliates have developed a unique system for the establishment and operation of restaurants called "Papa Ray's Pizza & Wings" (referred to in this Agreement as "Papa Ray's Pizza Restaurants"), which sell pizza, wings, rib tips, calzone wraps, salads, appetizers and related food and beverage items for on-premises dining, carry-out and delivery in conjunction with distinctive business formats, signs, equipment, layouts, systems, methods, procedures, designs and advertising (all of which we refer to in this Agreement as "the System"). We identify the System by the use of certain trademarks, service marks and other commercial symbols, including the service mark "Papa Ray's Pizza & Wings" and certain associated designs, artwork and logos, which we may change or add to from time to time (collectively, the "Marks").
We grant to persons who meet our qualifications and who are willing to undertake the investment and effort necessary a franchise to own, establish and operate a Papa Ray's Pizza Restaurant in accordance with the System. This Franchise Agreement is being presented to you because of the desire you have expressed to obtain the right to develop, own and be franchised to operate a Papa Ray's Pizza Restaurant.
2. GRANT OF FRANCHISE
2.1 Term. You have applied for a franchise to own and operate a Papa Ray's Pizza Restaurant at one site approved by us in the following general area (when the exact location is determined, the parties will complete Exhibit 1 attached hereto):
_________________________________. We have approved your application in reliance on all of the representations you made in that application.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the company has the right to change or add to the Marks. The franchise agreement states that Aw and its affiliates have developed a unique system for the establishment and operation of restaurants called "Papa Ray's Pizza & Wings", identified by certain trademarks, service marks, and commercial symbols, including the service mark "Papa Ray's Pizza & Wings" and associated designs, artwork, and logos, which Aw may change or add to from time to time.
This means that Aw franchisees must be prepared to update their signage, advertising, and other materials to reflect any changes to the Marks. This could involve additional costs for the franchisee, such as replacing signs or reprinting marketing materials. However, the agreement also states that all provisions applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork, and logos Aw may authorize the franchisee to use during the term of the agreement.
While Aw has the right to modify the Marks, franchisees are limited in their own use of the Marks. Franchisees agree to use the Marks as the sole identification of their Papa Ray's Pizza Restaurant and may not use or register any Mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form. Franchisees also cannot apply to register or register any Mark in any forum or use any Mark in connection with the sale of any unauthorized product or service without express written authorization from Aw.