Is there a specific trade name and logo mentioned for Care Plus Medical Ucc?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
he "Effective Date").
Background Statement:
- A. Care Plus Medical UCC and its affiliate Care Plus Medical Group, have created and own a system (the "System") for developing and operating a state-of-the-art facility offering walk-in urgent medical care services as well as telemedicine, under the trade name "Care Plus Medical".
- B. The System includes (1) methods, procedures, and standards for developing and operating a Care Plus Medical business, (2) plans, specifications, equipment, signage and trade dress for Care Plus Medical businesses, (3) particular products and services, (4) the Marks, (5) training programs, (6) business knowledge, (7) marketing plans and concepts, and (8) other mandatory or optional elements as determined by Care Plus Medical UCC from time to time.
- C. The parties desire that Care Plus Medical UCC license the Marks and the System to Franchisee for Franchisee to develop and operate a Care Plus Medical business on the terms and conditions of this Agreement.
ARTICLE 1. DEFINITIONS
- "Action" means any action, suit, proceeding, claim, demand, governmental investigation, governmental inquiry, judgment or appeal thereof, whether formal or informal.
- "Approved Vendor" means a supplier, vendor, or distributor of Inputs which has been approved by Care Plus Medical UCC.
- "Business" means the Care Plus Medical business owned by Franchisee and operated under this Agreement.
- "Competitor" means any business which offers products or services the same or similar as the franchise brand.
- "Confidential Information" means all non-public information of or about the System, Care Plus Medical UCC, and any Care Plus Medical business, including all methods for developing and operating the Business, and all non-public plans, data, financial information, processes, vendor pricing, supply systems, marketing systems, formulas, techniques, designs, layouts, operating procedures, customer data, information and know-how.
- "Gross Sales" means the total dollar amount of all sales generated through the Business for a given period, including, but not limited to, payment for any services or products sold by Franchisee, whether for cash or credit. Gross Sales does not include (i) bona fide refunds to customers, (ii) sales taxes collected by Franchisee, (iii) sales of used equipment not in the ordinary course of business, or (iv) sales of prepaid cards or similar products (but the redemption of any such card or product will be included in Gross Sales).
- "Input" means any goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items related to establishing or operating the Business.
- "Location" means the location stated on the Location Acceptance Letter.
- "Losses" includes (but is not limited to) all losses; damages; fines; charges; expenses; lost profits; reasonable attorneys' fees; travel expenses, expert witness fees; court costs; settlement amounts; judgments; loss of Care Plus Medical UCC's reputation and goodwill; costs of or resulting from delays; financing; costs of advertising material and media time/space and the costs of changing, substituting or replacing the same;
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, the trade name for the franchise is "Care Plus Medical". The agreement refers to the trade name and logo as the "Marks", which Care Plus Medical UCC licenses to the franchisee. The franchisee is required to use these Marks in the operation of their business and all goodwill associated with the Marks benefits Care Plus Medical UCC.
Care Plus Medical UCC retains the right to add, modify, or discontinue any Marks used within the system, and the franchisee is responsible for complying with these changes at their own expense. The franchisee is also obligated to notify Care Plus Medical UCC of any potential infringement of the Marks by a third party, and Care Plus Medical UCC has the exclusive right to control any legal actions related to the Marks.
The franchisee, if an entity, is prohibited from using "Care Plus Medical" or any confusingly similar words in its legal name. Upon termination or expiration of the franchise agreement, the franchisee must cease doing business under any of the Marks and de-identify the location to remove any signage or trade dress associated with Care Plus Medical Ucc.