What is the Baya Bar franchisee's obligation regarding displaying signs with the Marks?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 14.7 Franchisee's Use of the Intellectual Property. With respect to Franchisee's use of the Intellectual Property pursuant to this Agreement, Franchisee further agrees that:
- 14.7.1 Unless otherwise authorized or required by Franchisor, Franchisee shall advertise the Franchised Business only under the Marks "Baya Bar" and design. Franchisee shall not use the Marks as part of its corporate or other legal name. All fictitious names used by Franchisee shall bear the designation "a franchisee of Baya Bar Franchise Systems, LLC"
- 14.7.2 Franchisee shall identify itself as the owner of the Franchised Business and as an independent Baya Bar franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing.
- 14.7.3 Franchisee shall not use the Intellectual Property to incur any obligation or indebtedness on behalf of Franchisor.
- 14.7.4 Any item offered by Franchisee that contains the Marks, must be approved by Franchisor in writing prior to being distributed or sold by Franchisee and such approval may be granted or denied in Franchisor's sole and absolute discretion.
- 14.8 Claims. Franchisee shall notify Franchisor immediately via both email and telephone, of any apparent infringement of or challenge to Franchisee's use of any Intellectual Property and of any claim by any person of any rights in any
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees must advertise their Baya Bar business using the marks "Baya Bar" and design, unless the franchisor authorizes or requires otherwise. Franchisees cannot use the marks as part of their corporate or legal name, but any fictitious names used must include the designation "a franchisee of Baya Bar Franchise Systems, LLC".
Baya Bar franchisees must identify themselves as the owner of the franchised business and as an independent Baya Bar franchisee when using the intellectual property, including on invoices, order forms, receipts, and contracts. This also includes displaying a notice in a form and location designated by Baya Bar. Franchisees cannot use the intellectual property to incur any obligations or indebtedness on behalf of Baya Bar.
Any item offered by the franchisee that contains the marks must receive written approval from Baya Bar before distribution or sale, and Baya Bar has the sole discretion to grant or deny such approval. This ensures that all uses of the Baya Bar brand and trademarks align with the franchisor's standards and protect the brand's integrity. Franchisees must also notify Baya Bar immediately via email and telephone of any apparent infringement or challenge to the use of any intellectual property.