Who bears the expense when a Bft franchisee discontinues using a mark and begins using a modified or replacement mark?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
4.4 Modification, Discontinuance or Substitution. Franchisor reserves the right, in its sole judgment, to modify, discontinue or replace any Mark on a national or regional basis, and Franchisee shall, as applicable and at its expense, immediately discontinue use of any Mark and commence using any modified or replacement Mark as directed by Franchisor. Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's discontinuance or change of any Mark.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, the franchisee is responsible for the expenses associated with discontinuing the use of a mark and beginning to use a modified or replacement mark. Bft retains the right to modify, discontinue, or replace any mark on a national or regional level.
As a result, the franchisee must, at their own expense, immediately stop using any mark and begin using any modified or replacement mark as instructed by Bft. Bft bears no responsibility or obligation for the franchisee's discontinuation or change of any mark.
This means that if Bft decides to change its branding or specific logos, franchisees will have to update their studios and marketing materials at their own cost. This could involve new signage, printed materials, and other branded items, representing a potentially significant expense that franchisees must be prepared to cover. Franchisees should factor in these potential costs when evaluating the franchise opportunity.