If Bft decides to modify or discontinue a Mark, is Bft obligated to compensate the franchisee for costs incurred due to the modification or discontinuance?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
If it becomes advisable, in our sole discretion, for us to modify or discontinue use of any of the Marks, or use one or more additional or substitute Mark, you must comply with our directions to modify or otherwise discontinue the use of such Mark within a reasonable time after notice by us. We will not be obligated to compensate you for any costs you incur in connection with any such modification or discontinuance.
Source: Item 13 — TRADEMARKS (FDD pages 54–55)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft retains the right to modify or discontinue the use of any of its Marks. If Bft decides to modify or discontinue a Mark, franchisees must comply with Bft's directions to change or stop using the Mark within a reasonable time after receiving notice.
Importantly, Bft is not obligated to compensate franchisees for any costs they incur related to modifying or discontinuing the use of a Mark. This means that if Bft decides to change its branding or discontinue a particular Mark, franchisees will be responsible for covering any expenses associated with updating signage, marketing materials, or other items that feature the old Mark.
This lack of compensation for modification or discontinuance of Marks is a notable point for prospective franchisees. It highlights the importance of carefully considering the potential costs associated with rebranding or adapting to changes in Bft's Marks, as these expenses will be the franchisee's responsibility. Franchisees should factor in these potential costs when evaluating the overall financial viability of the franchise.