Who has the sole discretion to modify or discontinue the use of any of the Names and Marks for Carbones Pizzeria?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. If it becomes advisable at any time in the sole discretion of Franchisor to modify or discontinue the use of any of the Names and Marks and/or use one or more additional or substitute names or marks, Franchisee is obligated to do so and Franchisee shall bear all expenses of complying with this obligation.
- d. Franchisor shall indemnify Franchisee against liability to third parties resulting from claims by third parties that such Franchisee's use of the Names and Marks infringes trademark rights of the third party. Franchisor will not indemnify against the consequences of Franchisee's use of Franchisor's trademark except those uses made in accordance with the requirements of provisions of this Agreement (including any requirement imposed by Franchisor to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks). As a condition to such indemnification, Franchisee must provide notice to Franchisor of any such claim within ten (10) days of its receipt of a claim and tender the defense of the claim to Franchisor. If Franchisor accepts the tender of defense, Franchisor has the right to manage the defense of the claim, including the right to compromise, settle or otherwise resolve the claim and to determine whether to appeal a final determination of the claim.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, the franchisor has the sole discretion to modify or discontinue the use of any of the Names and Marks. This means that Carbones Pizzeria has the right to change its branding, logos, or names at any time, and franchisees are obligated to comply with these changes.
As a franchisee, you are obligated to comply with any modifications or discontinuation of the Names and Marks. Additionally, the franchisee is responsible for bearing all expenses associated with complying with these changes. This could include updating signage, marketing materials, and other branded items to reflect the new branding.
Carbones Pizzeria will indemnify franchisees against liability to third parties resulting from claims that the franchisee's use of the Names and Marks infringes on trademark rights, but only if the franchisee uses the marks in accordance with the franchise agreement. The franchisee must notify Carbones Pizzeria of any such claim within ten days and allow Carbones Pizzeria to manage the defense of the claim.