Who must sign a written consent or approval from Azal Coffee for it to be binding?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
est standards of ethical advertising practice, and must be approved by us in writing before it is used. You must submit to us for approval all marketing and promotion materials, including signage, prepared by you for the Franchise Business and not prepared by or previously approved by us. These materials must be submitted at least thirty (30) days before use. If we do not approve advertising submitted to us in writing within the thirty (30) day period, the advertising shall be deemed disapproved. We have the right to disapprove the use of any advertising materials by you at any time. You must discontinue the use of advertising materials immediately on receipt of our written notice, even if we previously approved the use of advertising materials. You must not use any advertising materials not approved by us. You agree to refrain from any business or advertising that may be injurious to our business, or the goodwill associated with the Franchise Marks and Franchise Systems and other Stores.
If specified by us, all of your advertising must contain notices of: (a) our website domain name or other Digital Marketing specified by us; (b) our toll-free telephone number; and/or (c) a statement regarding the availability of Azal Coffee franchises. To the extent possible, you must include the following language in all advertising: "Each Azal Coffee is independently owned and operated." All materials containing our proprietary Marks must include the designation service mark SM, trademark TM, registered trademark ®, copyright ©, or any other designation we specify.
9.7 Digital Marketing.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, there are several instances where written consent or approval from Azal Coffee is required for certain actions to be valid. Specifically, franchisees must obtain written approval from Azal Coffee before using any advertising or marketing materials, including signage, that were not prepared or previously approved by Azal Coffee. This includes ensuring that all advertising is factual, dignified, and conforms to Azal Coffee's standards. Franchisees must submit these materials at least 30 days before their intended use, and failure by Azal Coffee to respond within this period results in disapproval.
Furthermore, franchisees cannot use any other name or mark in connection with the Franchise Business without Azal Coffee's prior written consent and cannot use the Intellectual Property in connection with any products or services not specifically authorized by Azal Coffee in writing. Franchisees are also prohibited from reproducing any Franchise Marks on forms, invoices, advertising, marketing, promotion, the Internet, or in domain names without prior written consent from Azal Coffee.
Additionally, franchisees are required to obtain Azal Coffee's prior written consent before settling or compromising any claim by a third party related to the use of Intellectual Property. Azal Coffee retains the sole right to defend, compromise, or settle any such claim, using attorneys of their choosing, and the franchisee must fully cooperate in the defense of the claim. These stipulations ensure that Azal Coffee maintains control over its brand, advertising standards, and legal defense strategies, which is typical in franchising to protect brand uniformity and integrity.