What obligations does a Body20 franchisee have in Item 9 related to the use of the Brand mark in Item 13?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us if any other person or Entity attempts to use any of the Marks or any colorable imitation of any of the Marks. You must immediately notify us of any infringement of or challenge to your use of any of the Marks. We will have the right to take any action that we deem appropriate, but the Franchise Agreement does not require us to take any action to protect your right to use any of the Marks or to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving any of the Marks. We will have the right to control any administrative proceeding or litigation related to the Marks. We will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to us or our affiliates in connection with any such action. You agree to execute all documents and, render any other assistance we may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the Marks.
If we decide that you should modify or discontinue using any of the Marks, or use one or more additional or substitute service marks or trademarks, you must comply with our directions in the time that we reasonably specify, and neither we nor any of its affiliates will have any obligation to reimburse you for the cost of complying with our directions.
What This Means (2025 FDD)
According to the 2025 FDD, Body20 franchisees have several obligations regarding the use of Body20's trademarks, as detailed in Item 13 and reinforced in other sections. Franchisees acknowledge that Body20 owns the Marks and Trade Dress and that their rights to use them are limited to the specific terms outlined in the Franchise Agreement. This includes using the Marks only for the Studio operated at the designated site and in compliance with Body20's written rules. Franchisees cannot use any Mark as part of a corporate or business name, with unauthorized modifications, or in connection with unauthorized services or electronic media without written consent.
A Body20 franchisee must obtain prior written approval from Body20 before using any materials displaying the Marks or Trade Dress, and this approval can be revoked at any time. Franchisees are required to display the Marks in a manner specified by Body20 on signage and various materials, including advertising, promotional items, and business forms. They must also include specific notices on these materials as directed by Body20.
Furthermore, Body20 franchisees are obligated to promptly notify Body20 of any potential infringement or challenges to the use of the Marks. While Body20 has the right to take action, it is not obligated to protect the franchisee's right to use the Marks or to cover any expenses or damages from legal proceedings. Body20 retains control over any litigation related to the Marks and is entitled to all proceeds and damages recovered. Franchisees must also assist Body20 in maintaining the validity and enforceability of the Marks by executing necessary documents and providing assistance as needed. If Body20 decides to modify or discontinue the use of any Marks, franchisees must comply with these directions without any obligation for reimbursement from Body20.