factual

What actions related to the Marks or Software are prohibited for a City Wide franchisee?

City_Wide Franchise · 2025 FDD

Answer from 2025 FDD Document

ill also have the right to observe the manner in which Franchisee is rendering services and conducting Franchisee's activities and operations and to inspect equipment, merchandise, accessories, products, supplies, reports, forms and documents and related data for test of content and evaluation purposes to make certain that the Franchised Business is being operated in accordance with the quality control provisions and performance standards established by CITY WIDE.

  • 5.6 Franchisee understands and agrees that any use of the Marks other than as expressly authorized by this Agreement, without CITY WIDE's prior written consent, is an infringement of CITY

WIDE's rights and a material breach of this Agreement and that the right to use the Marks granted under this Agreement does not extend beyond the end of the Term of this Agreement. Franchisee expressly covenants that, during the Term of this Agreement and after any termination or expiration, Franchisee will not, directly, or indirectly, commit any act of infringement or contest or aid others in contesting the validity of CITY WIDE's right to use the Marks or take any other action in derogation of CITY WIDE's rights.

  • 5.7 Franchisee will not license or attempt to license any other person or entity to use the System, Software or the Marks or allow any other person or entity to use the System, Software or Marks, other than Franchisee's employees or agents and only in connection with the Franchised Business.
  • 5.8 Franchisee may use the Marks only to identify the Franchised Business and the products and services specifically identified as a part of the System from time to time in the Operating Manual.
  • 5.9 Franchisee will not interfere in any manner with, or attempt to prohibit, the use of the Marks or the System by CITY WIDE or by any of CITY WIDE's other franchisees or licensees.
  • 5.10 Franchisee further agrees and covenants to operate and advertise only under the name or names from time to time designated by CITY WIDE for use by similar System franchisees; to adopt and use the Marks in the manner prescribed by CITY WIDE at its sole and absolute right; to refrain from using the Marks to perform any activity or to incur any obligation or indebtedness in such a manner as may, in any way, subject CITY WIDE to liability; to observe all laws with respect to the registration of trade names and assumed or fictitious names, to include in any application for such names a statement that Franchisee's use of the Marks is limited by the terms of this Agreement, and to provide CITY WIDE with a copy of any such application and other registration document(s); to observe such requirements with respect to trademark and service mark registrations and copyright notices as Franchisee may, from time to time, require, including, without limitation, affixing "SM," "TM," or "R" in a circle adjacent to all such Marks in any and all uses thereof; and, to utilize such other appropriate notice of ownership, registration, and copyright as CITY WIDE may require.
  • 5.11 Franchisee's use of the Marks in any advertising or in any form of promotion will conform to the guidelines as attached as Attachment D, and as Attachment D is from time to time modified in the Operating Manual.

SECTION 6. Franchised Business Location and Signs

  • 6.1 Franchisee acknowledges and agrees that this Agreement entitles Franchisee to operate only one (1) Franchised Business, and Franchisee agrees to operate the Franchised Business only in the Designated Territory specified in Sections 1.1 and 1.2 of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to City Wide's 2025 Franchise Disclosure Document, franchisees face several restrictions regarding the use of the Marks and Software. A City Wide franchisee cannot use any Mark in connection with the sale of any unauthorized product or service or in any manner City Wide has not expressly authorized in writing. Franchisees are prohibited from licensing or attempting to license the System, Software, or the Marks to any other person or entity, except for their own employees or agents directly connected with the Franchised Business. They also cannot allow any other person or entity to use the System, Software, or Marks, other than Franchisee's employees or agents and only in connection with the Franchised Business. Franchisees are required to operate and advertise only under the names designated by City Wide and must use the Marks in the manner prescribed by City Wide. They must also refrain from using the Marks in a way that could subject City Wide to liability.

City Wide franchisees are prohibited from interfering with or attempting to prohibit the use of the Marks or the System by City Wide or its other franchisees or licensees. Any use of the Marks not expressly authorized by the agreement, without City Wide's prior written consent, is considered an infringement of City Wide's rights and a material breach of the agreement. This restriction extends beyond the term of the agreement, meaning that even after termination or expiration, the franchisee cannot infringe upon City Wide's rights to use the Marks.

If a City Wide franchisee misuses the Marks or Software, operates the Franchised Business inconsistently with the Marks, or impairs the goodwill associated with the Marks or City Wide's rights in the Marks or Software, it constitutes a breach of contract. Similarly, engaging in any business or marketing any service or product under a name or mark that competes with or is confusingly similar to the System or the Marks is prohibited. Franchisees must also use exclusively and pay all sub-licensing fees to City Wide for the software in Franchisee's Franchised Business during the term of this Agreement, as set forth in the Operating Manual or otherwise in writing. These restrictions are put in place to protect the brand and ensure consistent operation across all City Wide franchises.

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.