What is the exception to the attachment or lien rule for Better Blend franchisees?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Attachment 4 to Franchise Agreement
CONDITIONAL ASSIGNMENT OF BRAND ACCOUNTS
This Assignment of Brand Accounts (this "Assignment") is executed by the undersigned ("Franchisee") in favor of Better Blend Franchising, LLC, an Ohio limited liability company ("BBF").
Background Statement: BBF and Franchisee are parties to a Franchise Agreement pursuant to which BBF granted Franchisee a license to operate a Better Blend franchised business (the "Business"). BBF or its affiliates are the sole owner of the Better Blend brand and all names, logos, trademarks, service marks, and other intellectual property associated therewith. To protect BBF's interest in and control of Better Blend, Franchisee acknowledges the following and agrees that BBF has the right to control all telephone numbers, directory listings, and internet marketing accounts related to Better Blend.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Better Blend franchisees agree to a Conditional Assignment of Brand Accounts. This means that while franchisees own and operate their Better Blend locations, Better Blend Franchising, LLC maintains control over key brand assets.
Specifically, Better Blend retains the right to control all telephone numbers, directory listings, and internet marketing accounts related to the Better Blend brand. This is to protect Better Blend's interest in and control of the brand.
For a prospective franchisee, this means that while they will manage the day-to-day operations and build customer relationships, Better Blend maintains ultimate authority over the brand's online presence and marketing strategies. This ensures brand consistency and protects the overall reputation of the Better Blend system. Franchisees should be aware that they cannot independently manage or transfer these digital assets without affecting their franchise agreement.