What is the relationship between the trademarks granted to a Bevaris Alliance franchisee (Item 13) and the franchisee's obligations regarding compliance with standards (Item 9)?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
this disclosure document.
| Obligation | Section in Franchise Agreement | Item in Disclosure Document | |
|---|---|---|---|
| a. Site Selection and acquisition | Not Applicable. | Item 11 | |
| b. Pre-opening purchases/leases | Clause 7.4 | Item 8 | |
| c. Site development and other pre-opening | Clauses 7, 9.3, and 14 | Items 7, 8 and 11 | |
| requirements | |||
| d. Initial and ongoing training | Clauses 5, 6, and 9 | Items 6, 7, and11 | |
| e. Opening | Clause 7 | Items 6, 7, and 11 | |
| f. Fees | Clause 4 | Items 5 and 6 | |
| g. Compliance with standards and policies/ | Clause 7 | Item 11 | |
| Manual | |||
| h. Trademarks and Proprietary Information | Clauses 7, 15, and 20 | Items 13 and 14 | |
| i. Restrictions on products/services offered | Clauses 7.4 and 7.5 | Items 8 and 16 | |
| j. Warranty and customer service requirements | Clause 7.5 | Item 11 | |
| l. On-going product/service purchases | Clause 7.4 | Not Applicable. | |
| m. Maintenance, appearance and remodeling | Clause 14 | Items 6 and 11 | |
| requirements | |||
| n. Insurance | Clauses 4.13 and 13 | Items 6, 7, and 8 | |
| o. Advertising | Clauses 7.3, 7.11, and 15.5 | Items 6 and 11 | |
| p. Indemnification | Clauses 7.12 and 21 | Item 6 | |
| q. Owner’s participation/ | Clauses 7, 8, and 9.2 | Items 11 and 15 | |
| management/staffing | |||
| r. Records and Reports | Clauses 4.8, 7.6, 7.8, and 11 | Item 6 | |
| s. Inspections and Audits | Clauses 4.7, and 4.8, 7.6, 7.8, and 9.3 | Items 6 and 11 | |
| t. Transfer | Clauses 16 and 23 | Items 6 and 17 | |
| u. Renewal | Clause 3 | Items 6 and 17 | |
| v. Post-termination obligations | Clauses 7, 19, and 27.3 | Item 17 | |
| w. Non-competition covenants | Clause 20 | Item 17 | |
| x. Dispute resolution | Clauses 24, 27.14, and 27.15 | Item 17 | |
| y. Other – website and internet presence | Clause 7.11 | Not Applicable. | Note: The stated obligations and corresponding provisions and sections of the Franchise Agreement discussed in the table above are meant to assist you in reviewing this disclosure document, the Franchise Agreement, and other agreements you may enter into with Bevaris, but by no means are they a limitation to any right, responsibility or other item provided for in the Franchise Agreement and are intended for your reference only. |
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, Item 13 states that Bevaris grants franchisees the right to operate under the name Bevaris Alliance and use other trademarks to operate their Branded Business. However, this right is contingent on following Bevaris Alliance's rules for using these marks. Franchisees cannot use the name or marks as part of a corporate name or with unauthorized modifications, nor can they use the trademarks in connection with unauthorized products or services without written authorization from Bevaris Alliance.
Item 9 outlines the franchisee's obligations, including compliance with standards and policies as detailed in the Bevaris Alliance manual. The table in Item 9 indicates that compliance with standards and policies/Manual is covered in Clause 7 of the Franchise Agreement and is further detailed in Item 11 of the disclosure document. Additionally, Item 9 specifies that obligations related to trademarks and proprietary information are addressed in Clauses 7, 15, and 20 of the Franchise Agreement and Items 13 and 14 of the disclosure document.
In essence, the right to use Bevaris Alliance's trademarks, as granted in Item 13, is directly tied to the franchisee's obligation to comply with the standards and policies outlined in the franchise agreement and manuals, as detailed in Item 9. Failure to comply with these standards could result in the revocation of the right to use the trademarks. This ensures brand consistency and protects the goodwill associated with the Bevaris Alliance name. Franchisees must also notify Bevaris Alliance immediately of any trademark infringements or challenges, and may be required to modify or discontinue trademark use if directed by Bevaris Alliance, with potential reimbursement for tangible compliance costs like changing signs.