What identifying elements can Crawlspace Medic change as part of Trade Dress Modifications?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
to, the adoption and use of new designs, new vehicle color schemes, new or modified marks, and new signage (collectively, "Trade Dress Modifications").
- 9.4.2. As a condition to renew this Agreement, Franchisee shall refurbish the Franchised Business location or vehicle at Franchisee's sole expense, as required by Franchisor, to conform to Trade Dress Modifications. This includes, without limitation, structural changes, remodeling, redecoration, and modifications to existing improvements. Notwithstanding the foregoing restriction on the frequency of Trade Dress Modifications, Franchisee, upon notice by Franchisor and in accordance with Section 14.6 hereof, shall immediately discontinue the use of any Mark that is no longer desirable or available to Franchisor and substitute a different Mark or Marks as Franchisor directs.
- 9.4.3. Franchisee will accept use and display any such Trade Dress Modifications as if they were a part of this Franchise Agreement at the time of execution hereof.
- 9.5. No Liability/Waiver of Claims. Franchisor shall not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any of the modifications, including Trade Dress Modifications, required by this Article 9.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, franchisees must refurbish their business location or vehicle to comply with Trade Dress Modifications as a condition of renewing their franchise agreement. These modifications can include structural changes, remodeling, redecoration, and modifications to existing improvements.
Crawlspace Medic franchisees are required to accept and display any Trade Dress Modifications as if they were part of the original franchise agreement. The document also states that franchisees must immediately discontinue using any Mark that Crawlspace Medic deems undesirable or unavailable and replace it with a different Mark as directed by Crawlspace Medic.
It is important to note that Crawlspace Medic is not liable for any expenses, losses, or damages incurred by the franchisee due to these modifications. The franchisee also waives the right to take legal action against Crawlspace Medic regarding these changes. This means franchisees bear the financial burden of these changes without recourse, which is a significant risk to consider.
While Crawlspace Medic has the right to create, change, or dissolve a franchisee advisory council, participation is by invitation only, based on factors like success and profitability. This council serves as a means for franchisees to communicate ideas, but it does not appear to grant franchisees any direct control over Trade Dress Modifications or other system changes.