What is a condition regarding the marks used to identify a Bft studio?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord and Tenant, intending that BFT Franchise SPV, LLC, a Delaware limited liability company, ("Franchisor") (and its successors and assigns) be a third-party beneficiary of this Addendum, agree as follows:
(1) Tenant may display the trademarks, service marks and other commercial symbols owned by Franchisor and used to identify the service and/or products offered at the Studio, including the name "BFT," the Studio design and image developed and owned by Franchisor, as it currently exists and as it may be revised and further developed by Franchisor from time to time, and certain associated logos in accordance with the specifications required by Franchisor, subject only to the provisions of applicable law and in accordance with provisions in the Lease no less favorable than those applied to other tenants of Landlord;
(2) Tenant shall not, and the Landlord shall not permit Tenant to, sublease or assign all or any part of the Lease or the Premises, or extend the term or renew the Lease, without Franchisor's prior written consent;
(3) Landlord shall concurrently provide Franchisor with a copy of any written default notice sent to Tenant and thereupon grant Franchisor the right (but not the obligation) to cure any deficiency or default under the Lease, should Tenant fail to do so, within five (5) days after the expiration of the period in which Tenant may cure the default;
(4) The Premises shall be used only for the operation of a BFT Studio;
(5) Tenant may, without Landlord's consent (but subject to providing Landlord with written notice thereof), at any time assign this Lease or sublease the whole or any part of the Premises to Franchisor or any successor, subsidiary or affiliate of Franchisor;
(6) In the event of an assignment of the Lease to Franchisor as described in (6) above, Franchisor may further assign this Lease, subject to Landlord's consent, such consent not to be unreasonably withheld based on the remaining obligations of assignee under the Lease, to a duly authorized franchisee of Franchisor, and thereupon Franchisor shall be released from all further liability under the Lease;
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 FDD, a condition regarding the marks used to identify a Bft studio is that the tenant, which is the franchisee, may display the trademarks, service marks, and other commercial symbols owned by Bft to identify the services and products offered at the studio. This includes the name "BFT", the studio design and image developed and owned by Bft, and associated logos. The display of these marks must be in accordance with the specifications required by Bft.
This display is subject to applicable law and must adhere to lease provisions that are no less favorable than those applied to other tenants of the landlord. This means the franchisee must follow legal guidelines and any specific rules in their lease agreement regarding signage and branding.
Upon termination or expiration of the Franchise Agreement, the franchisee must immediately cease using or displaying all signs, obliterate or remove all identification linking them to Bft, and stop using the Marks, Confidential Information, System, and any other intellectual property of Bft. The franchisee also agrees not to use any reproduction, counterfeit, copy, or imitation of the Marks that could cause confusion or dilute Bft's rights to the marks.