In what manner will the Buff City Soap franchisee display the Marks?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
pay Franchisor liquidated damages in a lump sum equal to the product of 36 multiplied by the average monthly Royalty Fees accrued during the 12-month period before the month of termination (or, if the Makery has been open less than 12 months, during the period during which the Makery has been open), or (2) if the Makery terminates prior to opening, a sum of $25,000. Franchisee acknowledges and agrees that the liquidated damages provided for in this Section 21(a) are a fair and reasonable approximation of the amount of damages sustained by Franchisor and are not a penalty. Payment to Franchisor of such liquidated damages will not constitute an election of remedies by Franchisor or excuse performance of Franchisee's post-termination obligations hereunder. Any payments received will be in addition to and not in lieu of any other remedies available to Franchisor at law or in equity.
- (b) Marks. Franchisee may not directly or indirectly at any time or in any manner use any Mark, including any use of Marks in a derogatory, negative, or other inappropriate manner in any media, including, but not limited to, print or electronic media; use any colorable imitation of a Mark in any manner or for any purpose; utilize for any purpose any trade name, trade or service mark or other commercial symbol or other indicia that indicates or suggests a connection or association with Franchisor, the Makery or the Brand; identify any business as a former Makery; or identify itself as one of Franchisor's licensees or franchisees (except with respect to other Buff City Soap makeries Franchisee owns and operates under continuing agreements with Franchisor). Franchisee will take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Mark.
- (c) System and Manuals. Franchisee will immediately cease to use the System and Confidential Information in any business or otherwise;
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, a franchisee is restricted in how they can use the brand's Marks. The franchisee cannot use the Marks in a derogatory or negative way in any media, including print or electronic forms. They are also prohibited from using any imitation of the Marks or any symbol that suggests an association with Buff City Soap, the Makery, or the Brand.
Furthermore, a franchisee cannot identify any business as a former Buff City Soap Makery or identify themselves as a licensee or franchisee, except when referring to other Buff City Soap makeries they own and operate under agreements with the franchisor. The franchisee is obligated to cancel any assumed names registrations related to the use of any Mark.
Upon termination of the franchise agreement, the franchisee must cease using the Buff City Soap System and confidential information. They must also return all confidential information, including manuals and proprietary materials. Additionally, the franchisee is required to transfer or cancel any digital presence (email, domain, social media) that associates them with Buff City Soap. They must also notify the phone company about the termination of their right to use any phone numbers or directory listings associated with the Marks and transfer these to the franchisor.