Does the Bft Development Agreement grant the Developer a license to use the Bft Marks?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any provision to the contrary under this Agreement, this Agreement does not grant Developer (or any of its affiliates) any right to use the Marks. The right to use the Marks is granted only under Franchise Agreements. Developer (and its affiliates) may not use any Mark as part of any corporate or trade name or as its (or their) primary business name or with any prefix, suffix or other modifying words, terms, designs, symbols or in any modified forms.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, the Development 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 can secure the rights to develop multiple Bft franchise locations, the actual right to operate those locations under the Bft brand name and use Bft's trademarks only comes with the individual Franchise Agreements for each studio. The Development Agreement simply grants the right to develop the studios, not to operate them under the Bft brand.
This distinction is important for prospective Bft developers to understand. The Development Agreement focuses on securing the territory and development schedule, while the Franchise Agreement covers the operational aspects and brand usage. Developers need to be aware that they will need to execute separate Franchise Agreements for each location they develop to gain the right to use the Bft Marks and operate the studios as Bft franchises.