Is a Deka Lash franchisee required to use the Deka Lash Marks to promote their Franchised Business?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, we grant qualified third parties the right to develop a certain number of Franchised Businesses within a defined geographical area (the "Development Area") in accordance with a mandatory development schedule that must be strictly adhered to, with each Franchised Business within the Development Area being opened and operated utilizing the Marks and System pursuant to the terms and conditions set forth in our then-current form of franchise agreement (each, a "Franchise Agreement").
WHEREAS, you recognize the benefits from receiving the right to operate a Franchised Business and desire to: (i) become a multi-unit Franchised Business operator subject to the terms of this Agreement; and (ii) receive the benefits provided by us under this Agreement.
WHEREAS, you have applied for the right to open and operate a certain number of Franchised Businesses within the Development Area as set forth in this Agreement, and we have approved such application in reliance on your representations made therein.
WHEREAS, you acknowledge that adherence to the terms of this Agreement, including our Operations Manual and other System standards and specifications, are essential to the operation of all Franchised Businesses and our System as a whole.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees are required to operate their Franchised Business utilizing the Deka Lash Marks. Deka Lash grants franchisees the right to operate a Deka Lash franchise using their system and Marks within a Protected Area, contingent upon abiding by the terms of the Franchise Agreement.
As part of the agreement, Deka Lash franchisees irrevocably assign to the franchisor all listings associated with the Deka Lash franchise. This includes telephone numbers, listings, email addresses, domain names, social media accounts, internet listings, websites, and comparable electronic identities used in connection with the Marks or the operation of the Franchised Business. This assignment applies whether these listings are currently existing or adopted by the franchisee in the future.
The agreement specifies that franchisees cannot use names or marks that could be confused with Deka Lash's Marks. Deka Lash retains the right to replace, modify, or add to their Marks. Franchisees must also provide the services and products associated with any deals, coupons, or promotions offered by Deka Lash. Unless Deka Lash provides written consent, franchisees and their employees are prohibited from conducting or being involved in any digital marketing related to the Deka Lash brand, marks, or the franchisee's studio.