Can Deck Medic modify or discontinue the 'Licensed Marks'?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
information reflected in, comprising or constituting a part of the System. Without limitation to the foregoing, Know-How shall further include information contained in the Operations Manual and the Confidential Information.
- "Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "Deck Medic" trademark, Deck Medic logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by Franchisor in connection with the identification of Deck Medic Businesses and the Approved Services and Products, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by Franchisor in Franchisor's Reasonable Business Judgment.
- "Managers" refers to and means the Managing Owners plus all assistant managers of the Franchised Business and all other employees, independent contractors, consultants, directors and board members who may possess access to the Confidential Information.
- "Managing Owner" refers to and means, if Franchisee is a partnership or corporation, the owner responsible for the day-to-day oversight, management and operation of the Franchised Business. Said individual must possess and maintain an ownership and/or equity interest in the Franchise such that said individual owns, holds and controls no less than 25% of the equity and ownership interests in the Franchise. The Managing Owner, at all times, must participate (on a full time basis) in the day-to-day operations of the Franchised Business.
- "Marketing Media" refers to and means all communications, whether written, oral, digital, or otherwise utilized for and/or designed for the purpose of marketing, advertising and/or promoting the Franchised Business including, but not limited to, Direct Solicitations, Digital Media, social media, print publications, print mailers, email communications and public relations.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic has the right to modify, replace, or discontinue the use of any Licensed Marks in its reasonable business judgment. These Licensed Marks include trademarks, service marks, emblems, and indicia of origin, such as the "Deck Medic" trademark, Deck Medic logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans, and designs authorized by Deck Medic.
If Deck Medic decides to replace, modify, substitute, or discontinue any Licensed Marks, franchisees must comply with Deck Medic's determination and instructions. Franchisees are required to comply within a reasonable time period after receiving notice from Deck Medic.
If a franchisee is required to take action to comply with Deck Medic's instructions to replace, modify, substitute, or discontinue use of any Licensed Marks, Deck Medic's sole obligation is to reimburse the franchisee for the reasonable and direct costs incurred in complying with this obligation. The franchisee must document these costs to Deck Medic's satisfaction. This ensures that while Deck Medic maintains control over its brand and Licensed Marks, franchisees are not unduly burdened financially by changes to the branding.