What is the daily fee for a Big Apple Bagels franchisee's unauthorized use of the Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
shall not apply in the event that Franchisee obtains
Franchisor's prior written consent to close his Store for specific days or hours. Such consent shall apply only to each request Franchisee submits to Franchisor, which request shall include the specific dates and hours that Franchisee wishes to close his Store.
- h. Unauthorized Use of Marks. Franchisee shall pay Franchisor a fee of One Hundred Dollars ($100) for each and every day, beginning with the first day up throu
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, a franchisee will pay a fee of $100 per day for unauthorized use of the brand's Marks. This fee starts on the first day of the unauthorized use and continues each day until the issue is resolved. The unauthorized use can occur in any manner or media, including signage, menus, advertising, or the internet. This applies both during the term of the Franchise Agreement and after its expiration or termination for any reason.
This fee is in addition to any other remedies that Big Apple Bagels may pursue under the Franchise Agreement or applicable law. The purpose of this fee is to discourage franchisees from using the Marks in ways that are not approved by the franchisor, which could damage the brand's reputation or create confusion among customers. The Marks include the trademarks, service marks, logos, and designs associated with Big Apple Bagels.
For a prospective franchisee, this means it is crucial to adhere strictly to the brand standards and obtain written authorization for any use of the Marks. Failure to do so can result in significant daily penalties. Franchisees should ensure they understand the proper use of the Marks as outlined in the Big Apple Bagels Operations Manual and seek clarification from the franchisor if they have any doubts. This policy underscores the importance of brand consistency and the franchisor's control over its intellectual property.