What signage must a Chocolate Bash franchisee display at the Business location?
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)
According to the 2024 Chocolate Bash Franchise Disclosure Document, franchisees must use all trademarks, service marks, and logos specified by Chocolate Bash, and only in the manner that Chocolate Bash requires. These trademarks, service marks, and logos are collectively known as the 'Marks.' Franchisees are prohibited from using any other trademarks, service marks, or logos in connection with their Chocolate Bash business.
Chocolate Bash retains the right to add, modify, or discontinue any of the Marks used within the Chocolate Bash system. Franchisees are obligated to comply with these changes within a reasonable timeframe and at their own expense. This ensures that all Chocolate Bash locations maintain a consistent and up-to-date brand image.
Upon termination or expiration of the franchise agreement, franchisees are required to remove all Chocolate Bash signage and trade dress from the location within 30 days. This process, known as 'de-identification,' must be completed to Chocolate Bash's satisfaction. Failure to comply allows Chocolate Bash to enter the location and remove the Marks themselves, without being held liable for trespass or damages.