factual

What is the Crawlspace Medic Franchisor's right regarding the System?

Crawlspace_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

at | | | | ("Principal(s)") | | | | Principal(s) shall be collectively referred to in this Agreement as the "Franchisee". | |

RECITATIONS

Through the expenditure of considerable time, effort and money, Franchisor has developed and established a unique and distinctive crawlspace care and repair business which features, among other things, home moisture prevention and termite and water damage repair, using Franchisor's designs, and using Franchisor's confidential operations manual ("Manual") of business practices and policies, and Franchisor's distinctive trade dress, operations methods, sales techniques, inventory, procedures for management control and training, assistance, advertising, and promotional programs, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System"). Training will occur at Franchisor's headquarters and/or other affiliated outlet currently located in Columbia, South Carolina, and will be provided consistent with Franchisor's training manuals.

The System is identified by certain trade names, service marks**,** trademarks, logos, emblems and indicia of origin, including but not limited to the marks Crawlspace Medic service mark, as set forth in Attachment 1 and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").

Franchisor continues to develop, use, and control the use of such Marks in order to identify for the public the source of services and products marketed under the Marks and the System and to represent the System's high standards of quality, appearance, and service.

Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, service, and appearance, and the necessity of operating the business franchised hereunder in conformity with Franchisor's standards and specifications.

NOW, THEREFORE, the parties, in consideration of the promises, undertakings and commitments of each party to the other set forth herein, and intending to be legally bound hereby, mutually agree as follows:

  • 1. RECITATIONS. The Recitations set out above form part of this Agreement.
  • 2. GRANT OF FRANCHISE. Franchisor hereby grants to Franchisee and Franchisee accepts, upon the terms and conditions contained in this Agreement, the license to operate a Crawlspace Medic franchise (the "Franchised Business"), using only the Marks licensed hereunder, in strict conformity with the System, which may be changed,

improved and further developed by Franchisor from time to time. This grant applies only to a single location within a territory that is designated in Attachment 2 attached hereto and incorporated herein (the "Territory").

3. TERRITORY

  • 3.1 Territory. This Agreement grants Franchisee the right to operate the Franchised Business at a single location within the Territory.

Source: Item 22 — CONTRACTS (FDD page 42)

What This Means (2024 FDD)

According to Crawlspace Medic's 2024 Franchise Disclosure Document, the franchisor has developed a unique crawlspace care and repair business, referred to as the "System." This System includes designs, a confidential operations manual, trade dress, operational methods, sales techniques, inventory, and management procedures. Crawlspace Medic retains the right to modify, improve, or further develop this System at any time.

The System is identified by specific trade names, service marks, trademarks, logos, and emblems, including the Crawlspace Medic service mark. Crawlspace Medic maintains control over the use of these marks to ensure consistent quality and service standards. Franchisees are granted the right to operate a Crawlspace Medic franchise using the Marks and System, but must adhere strictly to the franchisor's standards, which may be updated periodically.

Specifically, Crawlspace Medic also has sole discretion and control over the Website that provides information about the System and the products and services offered. The franchisor will include a listing on its Website linking Franchisee's Franchised Business location. Franchisees have no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such link to Franchisee's location upon expiration or termination of this Agreement for any reason.

Disclaimer: This information is extracted from the 2024 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.