Does the Circle K licensee warrant that they have received a copy of the CIRCLE K Image Guide?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Licensee shall, at Licensee's sole expense, comply, and cause the Premises to comply, in full, with TMC's branding, image, and appearance standards, policies, and guidelines set forth in the CIRCLE K Image Guide which TMC may modify from time to time (the "CIRCLE K Image Guide").
Licensee acknowledges, warrants and represents that it has received a copy of the CIRCLE K Image Guide and Licensee understands and agrees that Licensee's failure to comply, in full, with standards, policies, and guidelines set forth in the CIRCLE K Image Guide will cause irreparable harm to TMC, and any such failure shall be a material breach of this Agreement.
Licensee acknowledges and agrees that it is required to purchase all items containing the Proprietary Marks, including all signage, from TMC's approved suppliers.
TMC will provide Licensee with a list of approved suppliers, which list TMC may modify from time to time.
- (c) It is further expressly understood and agreed that TMC will have the right to substitute, change or modify the Proprietary Marks during the Term or any Renewal Term of this Agreement, and Licensee) must comply with any substitution, change or modification.
In the event of such substitution, change or modification, all references to the Proprietary Marks herein shall be deemed to refer to the substituted, changed or modified trademarks, service marks, trade names, brand names, trade dress, logos, color patterns, color schemes, design schemes, insignia, image standards and/or other brand identifications.
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the licensee acknowledges, warrants, and represents that they have received a copy of the CIRCLE K Image Guide. Furthermore, the licensee understands and agrees that failure to comply fully with the standards, policies, and guidelines outlined in the CIRCLE K Image Guide will cause irreparable harm to TMC, and any such failure constitutes a material breach of the agreement. This highlights the critical importance Circle K places on maintaining a consistent brand image and the legal ramifications for franchisees who do not adhere to these standards.
This requirement means that a prospective Circle K franchisee must carefully review and understand the CIRCLE K Image Guide before signing the franchise agreement. They need to be prepared to implement all branding, image, and appearance standards at their sole expense. This includes ensuring that the premises comply fully with the guidelines, which TMC may modify from time to time.
The franchisee is also required to purchase all items containing the Proprietary Marks, including all signage, from TMC's approved suppliers. This ensures uniformity and quality control across all Circle K locations. The franchisor will provide a list of approved suppliers, which it may modify periodically. This requirement restricts the franchisee's choice of vendors and may impact costs, but it is intended to protect the brand's image and ensure consistency.
Circle K retains the right to substitute, change, or modify the Proprietary Marks during the term or any renewal term of the agreement, and the licensee must comply with any such changes. This condition underscores the franchisee's obligation to adapt to Circle K's evolving brand standards. While this provides Circle K with flexibility, it also places a responsibility on the franchisee to invest in updates and changes to maintain compliance.