Does the Bft Developer Agreement grant the Developer the right to use the Bft Marks?

According to Bft's 2025 Franchise Disclosure Document, the Developer Agreement does not grant the Developer any right to use Bft's Marks. The right to use the Marks is only granted under the Franchise Agreements. The Developer cannot use any Mark as part of any corporate or trade name or as its primary business name, or with any prefix, suffix or other modifying words, terms, designs, symbols or in any modified forms.

This means that while a Developer may be granted the right to develop multiple Bft franchises, the Developer Agreement itself does not authorize the use of Bft's trademarks. The right to use the trademarks is specifically tied to the individual Franchise Agreements that the Developer will enter into for each Bft studio they develop.

This distinction is important because it clarifies that the Developer's rights to use the Bft Marks are contingent upon the execution and maintenance of valid Franchise Agreements. If a Franchise Agreement is terminated, the right to use the Marks for that specific location would also terminate, even if the Developer Agreement is still in effect. This also prevents the developer from using the Bft marks in any way outside of the operation of a franchised Bft studio.

Prospective developers should carefully review the terms of both the Developer Agreement and the Franchise Agreement to fully understand the scope and limitations of their rights to use Bft's Marks. They should also confirm what specific uses of the Bft marks are permitted or required in their advertising and promotional materials.