Who owns the customer data collected by a Crawlspace Medic franchisee?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
osed or developed by Franchisee for the Crawlspace Medic brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
14. INTELLECTUAL PROPERTY
14.1 Ownership.
- 14.1.1. Franchisee expressly understands and acknowledges that Crawlspace Medic, LLC ("Licensor") is the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. Franchisee further expressly understands and acknowledges that Franchisor and/or Licensor claims copyrights on certain material used in the System, including but not limited to its website, documents, project designs, advertisements, promotional materials and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights, along with Franchisor's trade secrets, service marks, trade dress and proprietary systems are hereafter collectively referred to as the "Intellectual Property".
- 14.1.2. As between Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
- 14.2. No Interference. Neither Franchisee nor any Principal shall take any action that would prejudice or interfere with the validity of Franchisor or Licensor's rights with respect to the Intellectual Property. Nothing in this Agreement shall give the Franchisee any right, title, or interest in or to any of the Intellectual Property or any of Franchisor's or Licensor's service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Intellectual Property and the System in accordance with the terms and conditions of this Agreement for the operation of a Franchised Business and only at or from the Franchised Business location or in approved advertising related to the Franchised Business.
- 14.3. Goodwill. Franchisee understands and agrees that any and all goodwill arising from Franchisee's use of the Intellectual Property and the System shall inure solely and exclusively to the benefit of Franchisor and Licensor, and upon expiration or termination of this A
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
Based on the 2024 Crawlspace Medic Franchise Disclosure Document, the ownership of customer data is tied to the brand's intellectual property. Crawlspace Medic, LLC, owns the marks, copyrights, and proprietary systems used within the Crawlspace Medic system. As between the franchisor and franchisee, Crawlspace Medic owns all rights, titles, and interests in the intellectual property and the goodwill associated with it.
As a franchisee, you do not gain any ownership rights to Crawlspace Medic's intellectual property, including trademarks, trade names, logos, copyrights, or proprietary materials. Your rights are limited to using the intellectual property and system according to the franchise agreement for operating the franchised business. This use is restricted to the franchised business location and approved advertising related to that business.
Any goodwill that arises from a franchisee's use of Crawlspace Medic's intellectual property benefits Crawlspace Medic exclusively. Upon the expiration or termination of the franchise agreement, no monetary value is assigned to any goodwill associated with the franchisee's use of the intellectual property. This means that while you operate your Crawlspace Medic franchise, the customer data you collect and the goodwill you build contribute to the overall value of the Crawlspace Medic brand, which is retained by the franchisor.