Does the Beem Light Sauna franchise agreement include a section on Intellectual Property?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
th its principal place of business at 4000 MacArthur Blvd., Suite 800, Newport Beach, California 92660 ("Franchisor"), and the person or entity identified in Appendix A as the franchisee ("Franchisee") with its principal place of business as set forth in Appendix A. In this Agreement, "we," "us," and "our" refers to Franchisor. "You" and "your" refers to Franchisee.
RECITALS
- A. We and our Affiliates (as defined in Recital D) have accumulated knowledge and experience in the personal fitness industry on the basis of which we have developed and will continue to develop a distinctive business format and set of specifications and operating procedures (collectively, the "System") for the operation of light therapy studios that operate under the beem® Light Sauna mark ("Studios").
- B. The distinguishing characteristics of the System include, but are not limited to, our Studio designs, layouts, and identification schemes (collectively, the "Trade Dress"); our specifications for equipment, inventory, and accessories; our website or series of websites for the Studios (the "System Website"); our relationships with vendors; our software and computer programs; our online booking system; our reservation procedures; the therapy programs or sessions (collectively, "Sessions") that you offer to customers; any Sessions that we have developed and continue to develop; the accumulated experience reflected in our training program, operating procedures, customer service standards methods, and marketing techniques; and the mandatory and suggested policies, procedures, standards, specifications, rules, and requirements ("System Standards") set out in our operations manuals ("Manuals") and otherwise in writing. We may change, improve, add to, and further develop the elements of the System from time to time.
- C. We identify the Studios operating under the System by means of the beem® Light Sauna mark and certain other trademarks, service marks, trade names, signs, associated designs, artwork, and logos set forth in Appendix B (collectively, the "Marks"). We may designate for your use other trade names, service marks, and trademarks as Marks from time to time. These marks which will also be included in the term the "Marks." We refer to the beem® Light Sauna brand as the "Brand."
- D. As used in this Agreement, "Affiliate" as used with respect to you or us, means any corporation, limited liability company, partnership, or other form of entity ("Entity") directly or indirectly owned or controlled by, under common control with, or owning or controlling, you or us (as applicable). "Parent" refers to any Entity that directly or indirectly controls you. "Owner" refers to a person or Entity that has a legal or beneficial interest in you. For purposes of these definitions, "control" of a person means ownership or control of a majority of the voting ownership of the person or any combination of voting ownership and/or one or more agreements that together afford control of the management and policies of such person. We refer to you, your Owners, and/or your Affiliates individually or collectively as the "Franchisee Parties."
- E. If you are an Entity, all of your Owners are listed in Appendix A. If you are an Entity, the individual owner who you must appoint to have authority over all business decisions
related to your business and to have the power to bind you in all dealings with us will be referred to as your "Operating Principal."
- F.
Source: Item 23 — RECEIPT (FDD pages 71–230)
What This Means (2025 FDD)
According to the 2025 Beem Light Sauna Franchise Disclosure Document, the franchise agreement addresses intellectual property through definitions and stipulations regarding the use of the brand's system and marks. The "System" is defined as the distinctive business format including studio designs, equipment specifications, website, vendor relationships, software, online booking, therapy programs, training, operating procedures, customer service standards, marketing techniques, and System Standards set out in the operations manuals. The "Marks" refer to the Beem Light Sauna mark and other trademarks, service marks, trade names, signs, associated designs, artwork, and logos.
The franchise agreement grants the franchisee a license to use the Brand and Marks. Beem Light Sauna retains the right to modify the studio premises to protect its system and marks. Franchisees must adhere to the System Standards and are granted the right to operate under the Beem Light Sauna brand, but only in accordance with the franchisor's guidelines.
Beem Light Sauna's franchise agreement also emphasizes the importance of protecting confidential information and trade secrets. Employees and independent contractors are required to sign agreements to maintain confidentiality, as the disclosure or unauthorized use of this information could harm Beem Light Sauna, its franchisees, and the business itself. This underscores the franchisor's commitment to safeguarding its intellectual property and maintaining consistency across all franchise locations.