Who bears the expense of implementing changes to the Intellectual Property for a Beem Light Sauna franchise?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Company will have the right, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the beem® Light Sauna system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the beem® Light Sauna trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will repair or reimburse Landlord for the cost of any damage to the Premises' walls, floor or ceiling that result from Company's removal of trade dress items and other property from the Premises.
Source: Item 23 — RECEIPT (FDD pages 71–230)
What This Means (2025 FDD)
According to the 2025 Beem Light Sauna Franchise Disclosure Document, Beem Light Sauna retains the right to modify the premises to protect its intellectual property, and the franchisee is not entitled to damages resulting from these modifications. Specifically, Beem Light Sauna can enter the premises to make modifications or alterations necessary to protect the beem® Light Sauna system and marks.
This means that Beem Light Sauna can implement changes to protect its brand and system, and the franchisee cannot claim damages as a result of these changes. However, Beem Light Sauna is responsible for repairing or reimbursing the landlord for any damage to the premises (walls, floor, or ceiling) resulting from the removal of trade dress items and other property.
This clause protects Beem Light Sauna's intellectual property and allows it to maintain brand consistency across all franchise locations. While franchisees must accept these changes, Beem Light Sauna is liable for physical damage to the property caused by their actions. This arrangement is fairly typical in franchising, where franchisors need to maintain uniform standards and protect their trademarks, and usually do so at their own expense.