What right does the Manager have regarding access to C3 Wellness Spa's Practice facilities?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
(1) Manager agrees that it will not unreasonably object to proposed uses, and that it will work in good faith with Practice to permit such uses. Practice agrees that, notwithstanding the failure of Manager to timely object to a proposed use, Practice will cooperate in good faith with Manager to correct and/or remedy inappropriate uses of the Trademark.
(2) In connection with Practice's use of Manager's Trademark, Practice agrees to make proper use of the “®” symbol or other proper notice to indicate a federally registered mark, and the “™” symbol to indicate an unregistered mark. Upon receiving notice from Manager that the use of a registration notice or “™” symbol is incorrect or otherwise unacceptable, Practice will promptly modify such uses to obviate Manager's objections.
1.05. Assumed Trade Name and Trademarks. Upon termination of this Agreement for any reason, Practice will cease using “C3 Wellness” in the assumed trade name of Practice and will not use “C3 Wellness” or any variation in any manner in connection with its name, any assumed name, or otherwise use any of Manager's Trademark in any way, form, or medium, as provided below. Within 30 days of termination of this Agreement for any reason, Practice will terminate all assumed name certificates filed with the
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
Based on the 2024 C3 Wellness Spa Franchise Disclosure Document, the Manager and Practice (the franchisee) have a mutual obligation to cooperate regarding the use of trademarks. Specifically, while the Practice is granted a license to use the "C3 Wellness" trademark, they must cooperate with the Manager to correct any inappropriate uses of the trademark. The Manager agrees to not unreasonably object to proposed uses of the trademark by the Practice and to work in good faith to permit such uses.
This means that while franchisees have the right to use the C3 Wellness trademark to operate their business, this right is not absolute. C3 Wellness Spa retains control over its brand and how it is represented. Franchisees must be willing to work with the franchisor to ensure that the trademark is used correctly and in a way that aligns with the franchisor's standards.
Furthermore, the franchisee must use the appropriate symbols (® or ™) to indicate trademark registration status. If the Manager notifies the franchisee of any incorrect or unacceptable use of these symbols, the franchisee must promptly correct them. Upon termination of the agreement, the franchisee must cease using the "C3 Wellness" name and trademark and de-identify the premises of all references to the Manager's trademark within 30 days.