factual

What are the franchisee's obligations regarding the use of Circle K's marks?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

ment is so terminated, Franchisee must comply with all post-termination obligations set forth herein, including but not limited to the payment of Liquidated Damages.

  • 2.2 Franchisor's Reservation of Rights. Except for the limited License granted to Franchisee hereunder, all other rights related to the Business System and the Marks not specifically granted to Franchisee hereunder are expressly reserved by Franchisor and its Affiliates. Franchisee acknowledges that the License granted hereby relates solely to the Franchised Location, affords Franchisee no rights regarding other licenses or locations, and does not give Franchisee any exclusive right to market or sell to any prospective customers or any exclusive right to any territory. Without limiting the generality of the foregoing, Franchisee acknowledges and agrees that Franchisor and its Affiliates have expressly reserved certain rights to the use of the Marks, the Business Systems, the Methods, and Confidential Information in connection with their own convenience store and retailing operations, in connection with licensing the same or similar products or services utilizing the same or similar Marks, or any other trademarks, service marks or names, in connection with the manufacture and sale of products at wholesale and at retail, and in connection with granting such rights to others pursuant to a franchise agreement, some or all of which activities may compete, directly or indirectly, with Franchisee's operation of the Store. Franchisee agrees that it will not in any way interfere with the business operations of Franchisor, its Affiliates or other franchisees. Franchisor has the right to make such changes to the Business System as it deems appropriate, including without limitation, changes to the building appearance and "image" requirements. Because complete and detailed uniformity under many varying conditions may not be possible or practical, Franchisor has the right to vary the standards for any license owner based upon the peculiarities of a particular site or circumstance, density of population, business potential, population or trade area, existing business practices, governmental requirements, local ordinances, or any other condition that Franchisor deems to be potentially significant to the successful operation of a Circle K Store. A grant by Franchisor of one or more variances to one or more other franchisees will not entitle Franchisee to the same or a different variation.
  • 2.3 Use of Franchised Location; No Subfranchising. Franchisee agrees to operate the Store under the Business System using the Marks in strict compliance with the terms and conditions of this Agreement. Franchisee will operate the Store under the name "Circle K" (the "Franchised Name"), and will not change the Franchised Name or use any other marks or names in the Franchised Name, or in any other manner, except with Franchisor's prior written approval. Franchisee may not operate any other business at the Franchised Location without prior written approval from Franchisor. Franchisee may not use or attempt to use the Store or the Franchised Location for any purpose other than as permitted hereunder, or separately approved in writing by Franchisor, nor may Franchisee sublease, subfranchise, or transfer (other than in compliance with the terms of this Agreement) to any other person or entity the Store or the Franchised Location's leasehold interest or other rights relating in whole or in part to the Franchised Location.
  • 2.4 Store Relocation. Franchisee may not change the Franchised Location without the prior written approval of Franchisor. Franchisee shall request such approval in writing which sets

forth the proposed new location and the reason(s) for the relocation request. Franchisor will use commercially reasonable efforts to approve or deny the relocation of the Store within sixty (60) days from the date the request is received. If Franchisor approves such relocation, Franchisee may relocate the Store to the approved new location, at Franchisee's sole cost and expense, and must pay to Franchisor a relocation fee equal to fifty percent (50%) of Franchisor's then-current initial franchise fee. In connection with Franchisor's approval of the relocation, Franchisor reserves the right to require Franchisee to execute Franchisor's then-current form of franchise agreement.

ARTICLE 3 TERM; FRANCHISEE'S OPTION TO RENEW

  • 3.1 Term. The term of this Agreement (the "Term") begins on the Effective Date and will expire on the tenth (10th) anniversary of the Open Date (the "Expiration Date"), unless earlier terminated in accordance with Article 13. Once established by Franchisor, the Open Date and the Expiration Date will be noted on the Data Sheet.
  • 3.2 Conditions to Renew. Upon expiration of the Term, Franchisee will have an option to receive an offer of a new license for the Franchised Location for one renewal term equal to the initial term of the then-current form of franchise agreement of Franchisor;

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to the 2025 Circle K Franchise Disclosure Document, franchisees have several obligations regarding the use of Circle K's marks. The franchisee must operate the store under the Circle K Business System and use the marks in strict compliance with the franchise agreement. The franchisee is granted a non-exclusive license to use the marks specifically for the operation of a Circle K store at the designated location. All other rights related to the Business System and the Marks not specifically granted to Franchisee are expressly reserved by Circle K. Franchisees cannot use any other service marks, logo types, trade styles, designs, signs, symbols, or slogans other than the Marks in connection with the Store.

The franchisee must operate the store under the name "Circle K" and cannot change it or use any similar marks without prior written approval from Circle K. Franchisees must clearly indicate on business checks, stationery, and other written materials that they are a Circle K franchisee. They must also display signs at the franchised location indicating that the store is independently owned and operated as a franchised Circle K store.

Circle K has the right to modify or discontinue the use of any marks and substitute different trade names or logos. Franchisees are obligated to make all modifications to the marks displayed at their own expense upon Circle K's written instructions. After termination of the franchise agreement, the franchisee must remove all signage containing Circle K's marks. If the franchisee continues to operate a convenience store at the location after termination, they must prominently display a notice for six months indicating they are no longer a Circle K franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.