What is included in the Crawlspace Medic 'System' as defined by the Franchisor?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| THIS FRANCHISE AGREEMENT (this "Agreement") is being entered into this | ||
|---|---|---|
| day of | , (the "Effective Date") by and between | |
| CSM Franchise Group, | ||
| LLC, a South Carolina | ||
| Limited Liability Company with its principal place of business at | ||
| 1049 2nd Avenue, Columbia, SC 29209 | ||
| (herein "Franchisor) and | ||
| , a, with its | ||
| principal place of business located at | ||
| and | ||
| 's | ||
| principal(s), an individual | ||
| residing at | and | |
| and, an individual residing 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").
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, the 'System' encompasses various elements that contribute to the brand's unique approach to crawlspace care and repair. This includes home moisture prevention, termite and water damage repair, utilizing Crawlspace Medic's designs, and the confidential operations manual detailing business practices and policies. The System also incorporates Crawlspace Medic's distinctive trade dress, operational methods, sales techniques, inventory management, and procedures for management control and training. Furthermore, it includes assistance, advertising, and promotional programs, all of which are subject to change and improvement by Crawlspace Medic.
The Crawlspace Medic System is identifiable through specific trade names, service marks, trademarks, logos, emblems, and indicia of origin, notably the Crawlspace Medic service mark. These marks, along with any others designated or substituted by Crawlspace Medic, serve to identify the source of services and products marketed under the System. Crawlspace Medic maintains control over the use of these marks to ensure they represent the System's standards of quality, appearance, and service.
For a prospective franchisee, understanding the scope of the 'System' is crucial as it dictates the operational framework they must adhere to. The franchisee is expected to maintain Crawlspace Medic's standards and specifications. The franchisor also may require the franchisee to enter into software license agreements for software developed or acquired for use in the System, such as Vonigo software. Franchisees must also maintain adequate hardware and software to access the internet at the speed required by Crawlspace Medic and utilize the electronic mail account provided by the franchisor.