If Buns On Fire adopts a new mark, what is the franchisee required to do?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
If it becomes advisable at any time, in the sole discretion of Franchisor, to modify or discontinue use of any Mark and/or to adopt or use one or more additional or substitute proprietary marks, then Franchisee shall be obligated to comply with any such instruction by Franchisor. In such events and in the Franchisor's direction, Franchisee shall adopt, use and display only such new or modified Marks and shall
promptly discontinue the use and display of outmoded or superseded marks, at Franchisee's expense. Franchisee waives any other claim arising from or relating to any proprietary mark change, modification or substitution. Franchisor will not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any proprietary mark addition, modification, substitution or discontinuation, except that Franchisor will reimburse Franchisee for Franchisee's direct, reasonable expenses related to changing the Franchised Business' signage. Franchisee covenants not to commence or join in any litigation or other proceeding against Franchisor for any of these expenses, losses or damages.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, if Buns On Fire decides to modify or discontinue a mark and/or adopt a new one, the franchisee must comply with Buns On Fire's instructions. The franchisee is obligated to use and display only the new or modified marks and must stop using the old marks.
This change is to be done at the franchisee's expense, although Buns On Fire will reimburse the franchisee for direct, reasonable expenses related to changing the Franchised Business' signage. The franchisee also waives any other claims related to the mark change and cannot take legal action against Buns On Fire for any expenses, losses, or damages, except for the signage reimbursement.
This clause ensures that Buns On Fire can update its branding as needed, but it also places the financial burden of most changes on the franchisee. While Buns On Fire covers signage costs, franchisees are responsible for all other expenses related to updating the marks. Prospective franchisees should consider these potential costs when evaluating the franchise opportunity.