What initial marketing materials is Devon Creek required to provide to the Franchisee?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
ails to maintain such accounts in accordance with Franchisor's standards.
- 13.6 Approval of Advertising. All advertising and promotion by Franchisee, in any medium, shall be conducted in a professional manner and shall conform to the standards and requirements of Franchisor as set forth in the Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising, press releases, promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within thirty (30) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within thirty (30) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Devon Creek 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 Devon Creek IP, LLC or its successor, ("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, 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's 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 office location or in approved advertising related to the Franchised Business.
- 14.3 Goodwill.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
Based on the 2024 Devon Creek Franchise Disclosure Document, the franchisee is required to submit all advertising, press releases, promotional plans and materials and public relations programs that the franchisee desires to use to Devon Creek for approval. This includes any materials in digital, electronic or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Devon Creek. Devon Creek will approve or disapprove such plans and materials within thirty (30) business days of Devon Creek's receipt. If Devon Creek fails to respond to the franchisee's submission within thirty (30) business days, such plans and materials will be deemed "disapproved". The franchisee is not allowed to use such unapproved plans or materials until they have been approved by Devon Creek in writing and must promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Devon Creek. Any advertising, marketing or sales concepts, programs or materials proposed or developed by the franchisee for the Devon Creek brand and approved by Devon Creek may be used by other Devon Creek franchisees without any compensation to the franchisee.
Additionally, Devon Creek has established a website that provides information about the Devon Creek system and the services and products offered by the Devon Creek System. Devon Creek has sole discretion and control over the Website. Devon Creek will include a listing on its Website of the franchisee's contact information and permit the franchisee to upload previously completed work. The franchisee has no ownership or other proprietary rights to Devon Creek's Website and the franchisee will lose all rights to such listing of the franchisee's contact information upon expiration or termination of this Agreement for any reason.
Furthermore, unless otherwise authorized or required by Devon Creek, the franchisee must advertise the franchised business only under the Marks "Devon Creek" and design. The franchisee cannot use the Marks, or any portions, variations, or derivatives thereof as part of its corporate or other legal name. All fictitious names used by the franchisee must bear the designation "a Devon Creek". The franchisee must identify itself as the owner of the franchised business and as an independent Devon Creek franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous location upon the office and vehicle(s), as directed by Devon Creek, used in the franchised business, as Devon Creek may designate in writing. Any item offered by the franchisee that contains the Marks, must be approved by Devon Creek in writing prior to being distributed or sold by the franchisee and such approval may be granted or denied in Devon Creek's sole and absolute discretion.