Who has control over the Big Frog Custom T Shirts More website?
Big_Frog_Custom_T_Shirts_More Franchise · 2024 FDDAnswer from 2024 FDD Document
| of | , by | , a(n) | |||
|---|---|---|---|---|---|
| ("Franchisee"), a franchisee of Big Frog Custom T-Shirts, Inc., and Big Frog Custom T-Shirts, Inc. | |||||
| ("Franchisor"), and | , an individual ("Covenantor"). | ||||
| WHEREAS, | Franchisee | and Franchisor | to a franchise | agreement | dated |
| are parties | |||||
| (the "Franchise Agreement"), whereby Franchisor has granted Franchisee the | |||||
| right to use certain of Franchisor's trademarks and copyrights, including but not limited to, the Big Frog® | |||||
| and Big Frog Custom T-Shirts & More® trademarks and logo, website, documents, advertisements, | |||||
| photographs, social media content, promotional materials and operations manual (collectively referred to | |||||
| as the "Intellectual Property") for the establishment and operation of a Big Frog franchised business; |
Franchisee shall not use the Marks, or any portions, variations, or derivatives thereof, as part of its corporate or other legal name.
All fictitious names used by Franchisee shall bear the designation "a franchisee of Big Frog Custom T-Shirts, Inc."
14.7.2 Franchisee shall identify itself as the owner of the Franchised Business and as an independent Big Frog franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing.
14.7.3 Franchisee shall not use the Intellectual Property to incur any obligation or indebtedness on behalf of Franchisor.
14.7.4 Any item offered by Franchisee that contains the Marks, must be approved by Franchisor in writing prior to being distributed or sold by Franchisee and such approval may be granted or denied in Franchisor's sole and absolute discretion.
14.8 Claims.
Franchisee shall notify Franchisor immediately via both email and telephone, of any apparent infringement of or challenge to Franchisee's use of any Intellectual Property and of any claim by any person of any rights in any Intellectual Property.
Franchisee shall not communicate with any person other than Franchisor or any designated affiliate thereof, their counsel and Franchisee's counsel in connection with any such infringement, challenge or claim.
Franchisor shall have complete discretion to take such action as it deems appropriate in connection with the foregoing, and the right to control exclusively, or to delegate control to any of its affiliates of, any settlement, litigation or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, Big Frog Custom T Shirts More retains significant control over its website and intellectual property. The franchise agreement grants franchisees the right to use Big Frog's trademarks, logos, website, and other intellectual property for their franchised business. However, this right is not absolute. Big Frog Custom T Shirts More maintains the authority to update the website and other materials periodically with newly developed information and operating procedures. This ensures brand consistency and quality across all franchise locations.
Franchisees are required to identify themselves as independent Big Frog Custom T Shirts More franchisees in conjunction with any use of the intellectual property. This includes uses on invoices, order forms, receipts, and contracts, as well as displaying a notice on the premises of the franchised business. Franchisees cannot use the intellectual property to incur any obligation or indebtedness on behalf of Big Frog Custom T Shirts More. Furthermore, any item offered by the franchisee that contains the Big Frog Custom T Shirts More marks must be approved by the franchisor in writing before being distributed or sold.
Big Frog Custom T Shirts More has complete discretion to take action regarding any apparent infringement or challenge to the franchisee's use of any intellectual property. This includes the right to control exclusively any settlement, litigation, or other proceeding arising out of such alleged infringement. Franchisees must assist Big Frog Custom T Shirts More in protecting and maintaining its interests in any litigation or proceeding related to the intellectual property. This level of control is typical in franchising, as the franchisor needs to protect its brand and ensure consistent quality and representation across all franchise locations.