What is the Devon Creek franchisee's obligation to notify Devon Creek of an Improvement?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
9.4.1 Franchisee is aware that to maintain and improve the image and reputation of the System, Franchisor, in its sole and absolute discretion, may change and modify identifying elements of the System, including but not limited to, the adoption and use of new or modified color schemes, tag lines, logos or marks (collectively, "Trade Dress Modifications").
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 35–36)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees are aware that to maintain and improve the image and reputation of the System, Devon Creek, in its sole and absolute discretion, may change and modify identifying elements of the System, including but not limited to, the adoption and use of new or modified color schemes, tag lines, logos or marks (collectively, "Trade Dress Modifications").
This means that Devon Creek can make changes to the brand's identifying elements to keep the system's image and reputation strong. These changes can include things like new color schemes, taglines, logos, or marks. Franchisees are expected to be aware of this possibility.
While the FDD excerpt specifies that Devon Creek may make these changes, it does not explicitly state whether a franchisee must notify Devon Creek of an improvement they make to the system. It is important for a prospective franchisee to ask Devon Creek about the procedure for notifying them of any improvements the franchisee makes to the system.