What documents must a Burros Fries franchisee execute to protect the Names and Marks?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must keep the methods of operations (confidential information found in our materials and other documents) and Operations Manuals confidential and not disclose them except to Franchisee's employees, agents and representatives, as they must have access to it in order to operate the Business. Franchisee must follow all our security procedures, which include the execution and delivery to us of
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must adhere to specific requirements to protect the brand's Names and Marks. The franchisee's employees, agents, and representatives must have access to confidential information to operate the business. Franchisees must follow all security procedures, including executing and delivering documents to Burros Fries. The franchisee must acknowledge that the design, layout, and other characteristics of the business constitute confidential information and/or trade secrets of Burros Fries. Franchisees must also agree to maintain and operate the business accordingly.
Burros Fries grants the franchisee the right to use its Names and Marks, Products, Services, advertising and merchandising methods, and System, but only at the Accepted Location. The franchisee must adhere to the terms and conditions of the franchise agreement. The franchisee must use only the Names and Marks approved in writing by Burros Fries and in the manner authorized. The franchisee must identify the Names and Marks as being registered to or owned by Burros & Fries Franchise, Inc.
Franchisees must use the Names and Marks only in connection with the operation of the Business and in advertising for the Business conducted at or from the Franchisee's web page and Accepted Location. Franchisees must use and display a notice indicating that they are a "Franchise of Burros & Fries" and that the Names and Marks are used under such Franchise. Franchisees must indicate to third parties that it is "independently owned and operated" and that Burros Fries owns the Marks and Franchisee uses them under a license. Unless otherwise authorized, franchisees must operate and advertise the Business under the Name and Mark "Burros & Fries".
Any unauthorized use of the Names and Marks constitutes an infringement of Burros Fries's rights and a material breach of the Franchise Agreement. Franchisees must obtain approval for any use of any item of printed material bearing any of the Names or Marks, unless Burros Fries supplied the item. Franchisees must use such notices of Trademark registrations and copyrights as Burros Fries specifies. Franchisees and their Owners and/or Principals will not directly or indirectly identify itself or any business as a current or former Burros & Fries business owner; use any Mark, any colorable imitation of a Mark; or utilize any trade name that suggests a connection with Burros Fries.