What document initially grants a franchisee the right to operate a Circle K store?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
other terms hereof shall in no way be affected thereby, and this Agreement shall be construed and be enforceable as if such invalid, illegal or unenforceable term had not been included herein. DEBTOR acknowledges receipt of a copy of this Agreement.
IN WITNESS WHEREOF, intending to be legally bound, DEBTOR has caused this Agreement to be duly executed as of the Effective Date indicated below.
| FRANCHISOR: TMC Franchise Corporation | DEBTOR: | |
|---|---|---|
| Print Name: | Print Name: | |
| Title: | Title: | |
| Effective Date: | Date: |
EXHIBIT H
Circle K Branding Agreement
CIRCLE K BRANDING AGREEMENT (SINGLE SITE)
This CIRCLE K® Branding Agreement – Single Site (the "Agreement") is entered into by and between TMC Franchise Corporation ("TMC") and ________________ ("Licensee"), effective as of the date TMC signs below (the "Effective Date").
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- Duration. This Agreement will be for a term (the "Term") that begins on the Effective Date and expires upon the expiration of the Franchise Agreement (as defined below).
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- Conditions to Renew. Upon expiration of the Term, Licensee will have the option to renew its rights under this Agreement consistent with any renewal option Licensee elects under the terms of its CIRCLE K Franchise Agreement ("Franchise Agreement") governing the Premises (as defined below) (the "Renewal Term") provided Licensee has complied with all of the following conditions:
- (A) Licensee has given TMC written notice of its request for a new license at least six (6) months prior to the expiration of the Term. Licensee's failure to timely provide written notice to TMC will be deemed a rejection of the option to renew or operate pursuant to a new license. TMC will not unreasonably withhold its approval of such request for an offer of a new license, provided the conditions set forth in this Section 2 have been satisfied.
- (B) Licensee meets TMC's then-current requirements for new licensees.
- (C) Licensee has complied in good faith with all material terms and conditions of this Agreement throughout the Term of this Agreement and is not in default of this Agreement or any other agreement with TMC or its affiliates.
- (D) TMC and Licensee execute a mutual release of all claims relating to this Agreement subject to any incomplete performance or continuing obligations, unless such releases are prohibited by applicable law.
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the CIRCLE K® Branding Agreement – Single Site (the "Agreement") grants a licensee the right to use Circle K's trademarks, service marks, trade names, brand names, trade dress, logos, color patterns, color schemes, design schemes, insignia, images and/or other brand identifications. This agreement is between TMC Franchise Corporation ("TMC") and the Licensee and becomes effective as of the date TMC signs the agreement.
The Branding Agreement gives the franchisee the non-exclusive right to use Circle K's branding at the specified premises for advertising, marketing, and reselling motor fuel products that meet TMC's standards. The franchisee must comply with Circle K's branding, image, and appearance standards as detailed in the CIRCLE K Image Guide, which TMC may modify. Franchisees are required to purchase all items containing Circle K's proprietary marks, including signage, from TMC's approved suppliers.
The term of the Branding Agreement begins on the effective date and expires when the Franchise Agreement expires. The franchisee has the option to renew the Branding Agreement consistent with any renewal option under the CIRCLE K Franchise Agreement, provided they meet certain conditions. These conditions include providing written notice at least six months before the expiration of the term, meeting TMC's current requirements for new licensees, complying with all material terms of the agreement, and executing a mutual release of claims with TMC.