Can a Cicis franchisee use Cicis' Marks in advertising the transfer or sale of their Development Rights or ownership interest?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
If you intend to list your Development Rights for sale with any broker or agent, you shall do so only after obtaining our written approval of the broker or agent and of the listing agreement and any advertising materials. You may not use any Mark in advertising the transfer or sale of your Development Rights or of any ownership in you without our prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis' 2025 Franchise Disclosure Document, a franchisee is restricted from using Cicis' Marks when advertising the transfer or sale of their Development Rights or any ownership interest in the franchise without prior written consent from Cicis. This restriction is in place to ensure that any representation of the Cicis brand during a transfer or sale aligns with the standards and reputation that Cicis wishes to uphold.
This requirement means that if a franchisee wishes to sell their Development Rights, they must first seek approval from Cicis regarding any advertising materials they plan to use. This includes ensuring that the broker or agent involved in the sale is also approved by Cicis. This process allows Cicis to maintain control over how its brand is presented in the marketplace and to potential buyers.
The franchisor's control over the use of its Marks during a transfer is a common practice in franchising. It protects the brand's image and ensures consistency across all franchise operations. For a prospective franchisee, this means understanding that selling their Development Rights is not simply a private transaction but one that requires adherence to Cicis' specific guidelines and approval processes. Failing to obtain the necessary consent could result in a breach of the Development Agreement.
Therefore, any Cicis franchisee considering a transfer or sale needs to factor in the time and potential costs associated with obtaining Cicis' approval for advertising materials. This includes planning for potential revisions or adjustments to the advertising strategy based on Cicis' feedback. It is crucial to communicate openly with Cicis throughout the transfer process to ensure compliance and avoid any disruptions.