What elements make up the 'Trade Dress' for a Body20 studio?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. The distinguishing characteristics of the System include, but are not limited to, our Studio designs, layouts, and identification schemes (collectively, the "Trade Dress"); our specifications for equipment, inventory, and accessories; our website or series of websites for the Studios (the "System Website"); our relationships with vendors; our software and computer programs; our online booking system; our reservation procedures; the classes and training sessions (collectively, "Sessions") that you offer to customers; any fitness programs and Sessions that we have developed and continue to develop; the accumulated experience reflected in our training program, operating procedures, customer service standards methods, and marketing techniques; and the mandatory and suggested policies, procedures, standards, specifications, rules, and requirements ("System Standards") set out in our operations manuals ("Manuals") and otherwise in writing.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, the distinguishing characteristics of the Body20 system, referred to as the "Trade Dress," include the studio designs, layouts, and identification schemes. As a franchisee, you are granted a nonexclusive license to use Body20's Trade Dress, but acknowledge that Body20 owns the rights to it. Upon termination of the Franchise Agreement, no monetary amount will be attributed to goodwill associated with your activities as a franchisee.
The right to use Body20's Trade Dress applies only to the studio operated at the specified site and in compliance with Body20's written rules. Franchisees may only use the Trade Dress that Body20 designates and must obtain prior written approval for any materials displaying the Trade Dress. This approval can be revoked at any time with reasonable notice. The Trade Dress must be displayed as specified by Body20 on signage, written materials, forms, advertising, promotional materials, supplies, employee uniforms, business cards, receipts, letterheads, contracts, stationery, and other designated materials.
Body20 also provides prototype plans and specifications for the studio's exterior and interior design and layout. Franchisees are responsible for engaging designers, architects, and engineers to adapt these standard plans to the specific site, ensuring compliance with design requirements and applicable laws. Body20 retains the right to approve these plans and may require franchisees to use pre-approved project managers, architects, engineers, or designers. During the term of the agreement, franchisees are obligated to maintain the studio's appearance, including cleanliness, orderliness, sanitation, and repair, and to conduct periodic cleaning, repainting, and redecorating as directed by Body20. Franchisees must also renovate the studio every five years, at their own expense, to conform to Body20's current image and design, which may involve significant structural changes and capital expenditures.