How can the Motor Fuel Agreement be modified for Circle K franchisees?
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 Proprietary Marks, which include trademarks, service marks, trade names, brand names, trade dress, logos, color patterns, color schemes, design schemes, insignia, images and/or other brand identifications, can be changed or modified during the term or any renewal term of the Motor Fuel Agreement. Licensees must comply with any such changes. If any modifications or changes occur, all references to the Proprietary Marks will be deemed to refer to the substituted, changed, or modified versions.
Circle K also has the right to modify the CIRCLE K Image Guide from time to time, which outlines the branding, image, and appearance standards, policies and guidelines for the premises. Licensees are responsible for complying with the updated CIRCLE K Image Guide at their own expense. Failure to comply with the CIRCLE K Image Guide is considered a material breach of the agreement.
These modifications ensure that Circle K can maintain a consistent brand image and adapt to changing market conditions. For a franchisee, this means being prepared to update signage, branding, and potentially the overall appearance of the store to align with Circle K's current standards. While Circle K provides a list of approved suppliers for items containing the Proprietary Marks, the franchisee bears the cost of these updates.