What is the definition of 'Franchised Business' in the context of the City Wide franchise agreement?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
idity or enforceability of any copyright, patent, or trade secret.
In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt of which is acknowledged, the parties to this Agreement agree as follows:
The Recitals stated above are incorporated herein by reference into this Agreement.
SECTION 1. Grant of Franchise
- 1.1 Subject to all the terms and conditions contained in this Agreement, CITY WIDE grants Franchisee the exclusive right and license to operate a Franchised Business using the System, Software (as defined in Section 11), and Marks solely in the territory ("Designated Territory") as outlined in Attachment B, which is attached to and made a part of this Agreement by reference. Franchisee accepts such right and license, subject to such terms and conditions, and agrees to operate the Franchised Business and to use the System, Software and Marks solely in connection with the Franchised Business.
- 1.2 So long as this Agreement is in force and effect and Franchisee is not in material default under any of its terms, Franchisee will have the exclusive right to operate a Franchised Business in the Designated Territory. Other than in the Designated Territory described in Attachment B, CITY WIDE may itself operate or license to others the right to operate Franchised Businesses utilizing the System and the Marks.
- 1.3 The CITY WIDE System is a comprehensive system for operating businesses under the trade name and service mark "CITY WIDE" and "CITY WIDE FACILITY SOLUTIONS" respectively, which specialize in analyzing client facility maintenance needs and matching independent contractors with those clients to meet their needs. Independent contractors identified by CITY WIDE franchisees are experts in the fields of over twenty-five (25) maintenance services and operate under the trade name and service mark "CITY WIDE" and "CITY WIDE FACILITY SOLUTIONS." Any service outside of facility maintenance to be offered by Franchisee as a franchisee of CITY WIDE shall be subject to a separate agreement. The CITY WIDE System is the essence and foundation of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to the 2025 City Wide Franchise Disclosure Document, a 'Franchised Business' refers to the City Wide business that a franchisee operates under the terms and conditions of the franchise agreement. City Wide grants the franchisee the exclusive right and license to operate this business using City Wide's system, software, and marks within a specific territory. The franchisee, in turn, agrees to operate the business and use the system, software, and marks solely in connection with the franchised business.
City Wide's system is described as a comprehensive method for operating businesses under the City Wide trade name and service mark, specializing in analyzing client facility maintenance needs and matching independent contractors with those clients. These independent contractors are experts in over 25 maintenance services and also operate under the City Wide name. Franchisees must strictly adhere to City Wide's standards and policies to ensure uniform operation of all franchised businesses, maintaining quality, service, and operational integrity.
The franchisee's obligations include using prescribed equipment, layouts, and designs, adhering to proprietary information and the operating manual, and selling only designated service and product lines. Compliance with these standards, in conjunction with the City Wide marks, is essential for maintaining the goodwill associated with the brand. Any services outside of facility maintenance offered by the franchisee would require a separate agreement with City Wide.