Where can I find the terms and conditions of the Trademark license agreement for C3 Wellness Spa?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
services by one Party to the other Party. Nothing will require, directly or indirectly, that either Party refer or direct any patients to the other Party. If any legislation, regulation or government policy is passed or adopted, the effect of which would cause either Party to be in violation of such laws due to the existence of any provision of this Schedule B(e), then the Parties agree to negotiate in good faith for a period of 30 days to modify the terms of this Schedule B(e) to comply with applicable law. Should the Parties fail to agree upon modified terms during such 30-day period, either Party may terminate upon notice.
- 1.04. Survival. Upon expiration or termination of this Agreement for any reason, the terms of Section 1.02(d) will survive until all amounts due by Practice are paid in full and/or until Practice's obligations under such provisions are fulfilled; and Section 1.02(b) and (e) will survive for five years.
Schedule B(m) License Agreement
- 1.01. Nonexclusive License. Subject to the terms and conditions of this Agreement, Manager grants to Practice a limited, nonexclusive, nontransferable license to use Manager's Trademark "C3 Wellness" in connection with and in furtherance of the operation of Practice's operations including the use of "C3 Wellness" and in Practice's assumed name at Practice's physical address located at _____________________________________. In partial consideration of Manager's grant of the foregoing rights, Practice covenants with Manager that Practice will not market, advertise, or otherwise operate its business under any name or Trademark(s) other than Manager's Trademark during the Term unless otherwise required by law.
- 1.02.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, the terms and conditions of the trademark license agreement can be found in Schedule B(m) License Agreement. This agreement outlines the specifics of the nonexclusive license granted to the franchisee (referred to as "Practice") to use the "C3 Wellness" trademark. The franchisee's use of the trademark is limited, nonexclusive, and nontransferable, and it is specifically for the operation of their business at their physical address.
The agreement emphasizes that all rights to the trademark and associated goodwill remain the exclusive property of the franchisor (referred to as "Manager") and/or its licensor. The franchisee's use of the trademark does not grant them any ownership or interest in it, and all goodwill generated through the franchisee's use of the trademark benefits the franchisor. The franchisee is prohibited from using any other name or trademark during the term of the agreement unless required by law.
Additionally, the agreement includes clauses addressing the survival of certain terms after the agreement's expiration or termination. Specifically, provisions related to the franchisee's payment obligations and restrictions on challenging the trademark's validity survive until all amounts due are paid and obligations are fulfilled. Other provisions, such as those concerning the franchisee's representations, warranties, and covenants regarding the trademark, survive for five years after the agreement ends. This ensures the franchisor's continued protection of its trademark even after the franchise relationship concludes.