How must a Chocolate Bash franchisee identify itself as the independent owner of the Business?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
g's order, Franchisee must temporarily cease operations of the Business and remedy the dangerous condition. CB Franchising shall have no liability to Franchisee or any other person for action or failure to act with respect to a dangerous condition.
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by CB Franchising, and only in the manner as CB Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of CB Franchising.
- 12.2 Change of Marks. CB Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after CB Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) CB Franchising shall defend Franchisee (at CB Franchising's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) CB Franchising will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (b) Infringement by Third Party.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Chocolate Bash franchisees must use only the trademarks, service marks, and logos approved by Chocolate Bash. Franchisees are required to use all Marks specified by Chocolate Bash, and only in the manner as Chocolate Bash may require. Franchisees do not have any rights in the Marks other than the right to use them in the operation of the Business in compliance with the Franchise Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of CB Franchising.
Chocolate Bash retains the right to add, modify, or discontinue any Marks to be used under the System. Franchisees must comply with any such change within a reasonable time after Chocolate Bash makes the change, at the franchisee's expense.
Furthermore, franchisees cannot make any public statements (including interviews or press releases) regarding Chocolate Bash, the Business, or any particular incident or occurrence related to the Business, without CB Franchising's prior written approval, which will not be unreasonably withheld. Franchisees also cannot "co-brand" or associate any other business activity with the Chocolate Bash Business in a manner which is likely to cause the public to perceive it to be related to the Chocolate Bash Business.