What proprietary items does the Landlord consent to the Tenant using for a Carls Jr. Restaurant?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
Landlord consents to Tenant's use of the proprietary signs, distinctive exterior and interior designs, colors and layouts, and the trademarks prescribed by CJR (collectively, "Proprietary Marks"), and upon expiration or the earlier termination of the Lease, consents to permit Tenant, at Tenant's expense, to remove all such items and other trade fixtures, so long as Tenant makes repairs to the Premises caused by such removal.
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
According to the 2024 FDD, the landlord consents to the tenant's use of specific proprietary items for a Carls Jr. Restaurant. These include proprietary signs, distinctive exterior and interior designs, colors and layouts, and the trademarks prescribed by CJR (Carl's Jr. Restaurants LLC or its affiliates), which are collectively referred to as "Proprietary Marks."
This consent is part of an agreement between the landlord and tenant, acknowledging that the tenant will operate the Restaurant under a franchise agreement with Carls. The lease's effectiveness is contingent upon the tenant executing the Franchise Agreement with CJR within 30 days of the addendum date.
Upon the lease's expiration or earlier termination, the landlord consents to the tenant removing all such proprietary items and other trade fixtures at the tenant's expense, provided the tenant repairs any damage to the premises caused by the removal. This ensures that the premises can be restored if the franchise agreement ends, and the Carls Jr. branding needs to be removed.