How does the franchisor's assistance (Item 11) relate to the franchisee's obligations regarding trademarks for Crave (Item 13)?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
m discussion forums and Systemwide communications (among other activities) can be done. You may not maintain your own website; otherwise maintain a presence or advertise on the internet or any other mode of electronic commerce in connection with your Franchised Business; establish a link to any website we establish at or from any other website or page; or at any time establish any other website, electronic commerce presence or URL which in whole or in part incorporates the "Crave" name or any names confusingly similar to the Proprietary Marks.
You are not permitted to promote your Franchised Business or use any of the Proprietary Marks in any manner or maintain any business profile on Facebook, Twitter, X, LinkedIn, Instagram, TikTok, YouTube or any other social media and/or networking site without our prior written approval. We will control all social media initiatives. You must comply with our System standards regarding the use of social media in your Franchised Business' operation, including prohibitions on your and the Franchised Business' employees posting or blogging comments about the Franchised Business or the System, other than on a website established or authorized by us ("social media" includes personal blogs, common social networks, professional networks, live-blogging tools, virtual worlds, file, audio and video-sharing sites, and other similar social networking or media sites or tools). We will provide access to branded social media
pages/handles/assets, and you must update these regularly. We reserve the right to conduct collective/national campaigns via local social media on your behalf.
We alone will be, and at all times will remain, the sole owner of the copyrights to all material which appears on any website we establish and maintain, including any and all material you may furnish to us for your "click through" subpage.
Advisory Council: We may, in our discretion, form an advisory council to collaborate with us to improve the System, the products offered by Crave businesses, advertising conducted by the Fund, and any other matters that we deem appropriate. If an advisory council is formed, it will act solely in an advisory capacity, and will not have decision making authority.
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, Item 11 outlines the franchisor's assistance related to trademarks by stating that franchisees are restricted in their ability to use Crave's trademarks online and in social media. Crave maintains control over the brand's online presence, requiring franchisees to obtain written approval before promoting their franchise or using Crave's proprietary marks on the internet. Crave also controls all social media initiatives, and franchisees must adhere to Crave's system standards for social media use. Crave will provide access to branded social media pages, handles, and assets, which franchisees must update regularly, and Crave reserves the right to conduct collective or national campaigns via local social media on the franchisee's behalf. Crave retains sole ownership of copyrights for all material on any website they establish and maintain.
This means that while Crave offers assistance by providing branded social media assets and potentially running campaigns, franchisees must relinquish a degree of control over their online marketing and branding efforts. Franchisees cannot independently create websites or social media profiles using the Crave name or trademarks without prior approval. This ensures brand consistency and quality control across all franchise locations, but it also limits the franchisee's autonomy in online promotion.
Crave also provides indemnification against damages for which the franchisee is held liable in any proceeding arising out of the use of any of the Marks, including settlement amounts, if the franchisee has fully complied with the terms of the Franchise Agreement. This protection is a significant benefit, as it shields franchisees from potential legal costs associated with trademark usage, provided they adhere to Crave's guidelines and the Franchise Agreement. This assistance underscores the importance of franchisees following Crave's instructions and obtaining necessary approvals to maintain trademark compliance and benefit from the franchisor's support and protection.