What statement must a 'Beauty Bungalows' franchisee include when referencing the marks in any document?
Beauty_Bungalows Franchise · 2025 FDDAnswer from 2025 FDD Document
6. MARKS
- 6.01 Marks.
Franchisee must only use the Marks in the conduct of the Business as specified in this Agreement.
Any unauthorized use of the Marks by Franchisee will constitute a breach of this Agreement and an infringement on Franchisor's rights in and to the Marks.
As between Franchisor and Franchisee, Franchisor has a prior and superior claim to the Marks, and Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement.
- 6.02 Authorized Marks.
Franchisee shall use no trademarks other than "Beauty Bungalows" or any other Marks that Franchisor may specify for use in the identification, marketing, promotion, or operation of the Business.
Franchisee is permitted to use the term "Beauty Bungalows" on its marquee signage.
If Franchisee cannot lawfully use the Marks in the Protected Territory, Franchisee must obtain Franchisor's written approval to use other marks.
Franchisee must also follow the copyright guidelines as specified by Franchisor in the Manual and which approval may not be unreasonably withheld, conditioned or delayed.
Franchisor will indemnify Franchisee for any claims against misuse or infringement of Marks.
- 6.03 Change of Marks.
Franchisor may add, modify, or discontinue any Marks to be used under the System.
Source: Item 22 — CONTRACTS (FDD pages 47–48)
What This Means (2025 FDD)
According to Beauty Bungalows' 2025 Franchise Disclosure Document, a franchisee must only use the marks in the conduct of the business as specified in the agreement. Any unauthorized use of the marks by the franchisee will constitute a breach of the agreement and an infringement on Beauty Bungalows' rights to the marks. As between Beauty Bungalows and the franchisee, Beauty Bungalows has a prior and superior claim to the marks, and the franchisee has no rights in the marks other than the right to use them in the operation of the business in compliance with the agreement.
Beauty Bungalows specifies that the franchisee shall use no trademarks other than "Beauty Bungalows" or any other marks that Beauty Bungalows may specify for use in the identification, marketing, promotion, or operation of the business. The franchisee is permitted to use the term "Beauty Bungalows" on its marquee signage. If the franchisee cannot lawfully use the marks in the protected territory, the franchisee must obtain Beauty Bungalows' written approval to use other marks. The franchisee must also follow the copyright guidelines as specified by Beauty Bungalows in the manual, and which approval may not be unreasonably withheld, conditioned, or delayed.
Beauty Bungalows will indemnify the franchisee for any claims against misuse or infringement of marks. Beauty Bungalows may add, modify, or discontinue any marks to be used under the system. This means that a franchisee's use of Beauty Bungalows' marks is strictly controlled and subject to change, requiring franchisees to stay updated with Beauty Bungalows' guidelines and approvals to avoid legal issues.